The power of attraction of Brittany. In 2018, this employee of a company in Yvelines could not resist the call of the West and settled in Morbihan. A choice that was not to the liking of his employer, who had ordered him to return to live in the Paris region, threatening him with dismissal. Located more than 400 km from his company in Carrières-sur-Seine, the employee refused and was dismissed in June 2019 for misconduct. Contested by the employee, the dismissal had been confirmed by the industrial tribunal of Saint-Germain-en-Laye (Yvelines) in 2020, which had deemed it “founded”. The Versailles Court of Appeal was in the same direction and confirmed the dismissal, as revealed by Le Parisien.
His employer considered that this new home was “not compatible with his security obligation and the professional travel induced by his activity”. The employer had therefore justified this decision “due to the fixing of his domicile in a place too far from his place of professional activity and in violation of the stipulations of his employment contract”.
Never late according to him
During the procedure, the employee had maintained that his move had not “resulted in an extension of his travel time”, while adding “never to have been late” since his installation in Brittany. He also relied on Article 8 of the European Convention for the Protection of Human Rights, which protects the free choice of domicile under the right to respect for the domicile, specifies the judgment.
Like the Labor Court, the Court of Appeal based itself on an article of the Labor Code according to which the employer must take the necessary measures to ensure the safety and protect the health of workers.