The installation by an employee of a GPS beacon on the personal vehicle of his colleague and the sending of emails to him by means of the professional tool does not justify his dismissal for serious misconduct insofar as these facts, relating to of personal life, do not constitute a breach of the obligations arising from the employment contract.
Dismissed for serious misconduct, an employee seized the labor tribunal. The Colmar Court of Appeal ruled that the dismissal had no real and serious cause and ordered the employer to pay the employee various sums for breach of the employment contract. The trial judges noted, on the one hand that the employee had maintained for months with a colleague a romantic relationship made up of breakups and reciprocal solicitations, on the other hand (…)
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