France: Dismissing an Employee for Objecting to the Company’s “Fun Culture” and for not Participating in Company Events can be Deemed Unfair

An employee objected to his company organizing end-of-week gatherings that frequently led to employees being inebriated and indulging in certain “off-colour” behaviour.

On 9 November 2022, the French Supreme Court ruled that the employee’s objections and refusal to conform to the company culture were within his right to freedom of expression as provided in the French Labour Code and the European Convention on the Protection of Human Rights and Fundamental Freedoms.

On this basis, the Paris Court of Appeal then ruled on 30 January 2024 that the employee had to be reinstated and the company also had to pay him nearly 500,000 € as backpay.