BREACH OF THE DEADLINE FOR ACCEPTING OR REJECTING RECLASSIFICATION PROPOSALS LEGAL

Court of Cassation
Social Chamber

Appeal number: 01-42131
Unpublished titled

President: M. CHAGNY advisor

THE COUR DE CASSATION, SOCIAL CHAMBER, delivered the following judgment:

On the single plea, as it appears in the statement of application annexed to this judgment:

Whereas Ms X …, Y …, Z … and A …, employed by the company Les Fils de JL Bizac, were dismissed for economic reasons on March 16, 1998;

Whereas the company criticizes the judgment under appeal (Limoges, March 13, 2001) for having ordered it to pay employees compensation for dismissal without real and serious cause, ground for a violation of Article L. 321 -1-2 of the Labor Code;

But whereas, contrary to the statements of the means, the Court of Appeal did not apply Article L. 321-1-2 of the Labor Code to the dispute;

And whereas the Court of Appeal, having noted that the dismissals had been pronounced by the employer before the expiry of the period which he had given to the employees to make known their acceptance or their refusal of his reclassification proposals, so that it had not satisfied its obligation of reclassement, could decide that the dismissals were devoid of cause real and serious ;

From which it follows that the plea is unfounded;

FOR THESE REASONS :

DISMISSES the appeal;

Orders the company Rougie Bizac international to pay the costs;

Thus done and judged by the Court of Cassation, Social Chamber, and pronounced by the president in his public hearing of April 24, two thousand and three.