A man in France (referred to as Mr T) was fired for not adhering to the company’s ”fun” values which involved participating in activities involving ”excessive alcoholism” and ”promiscuity.” The employee refused to participated and as a result was fired but following a legal challenge a French court ruled in Mr T’s favour declaring that employees can not be fired for not being ‘fun’ enough and that he was exercising his freedom of expression by not participating.
According to the Court of Cassation, one of France’s highest courts, the company’s ‘fun’ values included regular obligatory after work social events that culminated in “excessive alcoholism encouraged by colleagues who made very large quantities of alcohol available,” as well as “practices pushed by colleagues involving promiscuity, bullying and incitement to various excesses.”
The court also outlined various “humiliating and invasive” practices promoted by the company including simulations of sexual acts and the obligation for colleagues to share beds. In a judgement issued on 9th November 2022, the court found that because Mr T’s lack of participation in the company’s activities were reasons cited for his dismissal he had been wrongfully fired by Cubik Partners.
The employee joined the firm in February 2011, was promoted in 2014, but was fired a year later in March 2015. His demand of €461,406 in damages was previously rejected by the Paris Court of Appeal in 2021, but the recent ruling by the Court of Cassation partially overturned this judgement.
The court ordered Cubik Partners to pay Mr T €3,000 and will examine Mr T’s demand for damages at a later stage.
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