to get along Well with his team, when you are a manager, it is essential and you should make a point of honor. Besides, you don’t see your employees as subordinates but more as “colleagues” with which you play mainly a role of leadership. Playing “small boss”, no thank you.
Suddenly, it is the cold shower. You stumble on several articles published this summer (here and here), advising that the Court of cassation (judgment of 4 July 2018) gave reason to a company that has sacked a manager that she felt she was too familiar with the teams. You begin to get worried about. There is no what, you relax.
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“What can be complained to a manager, this is not his familiarity with the teams, but the consequences of it, namely, a difficulty to take a step back and to be able to crop the people under his command,” says Jeremiah Aharfi, a lawyer in social law at Toulouse. And it will be necessary for the employer to prove by evidence.”
“judges must examine the grounds of dismissal”
In the case in question, a director had been dismissed for multiple complaints, one of which was that he was too familiar with its teams, which would have put “in the impossibility of punishing the errors and professional misconduct”. The supreme Court has not intervened to rule on the facts, this is not its role. “It has just sanctioned the court of appeal of Lyon, which had rejected the grounds of familiarity, that is to say, who had not even wanted to look at the merits of the grievance, too vague in his eyes,” says lawyer Mai The Meadow.
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“The only interest of this judgment, it is that it reminds us that the judges have the duty to investigate the grounds for dismissal relied on by the employer, confirms Deborah David, of the law firm Jeantet. And all the more so now that the orders Work allow it to remain brief on its motivations in the letter of dismissal, leave to bring in the future.”
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come on, you can quietly go to drink a coffee with the colleagues you supervise, for you to tell your vacation respective. This will not prevent you to make evidence of authority in case of a large skid… Finally it is assumed. Otherwise, this could be seen as a failure professional. But there’s nothing new under the sun.