The Employee, Trade Union Delegate, Dismissed

This decision provides important insight into your property law. Here is what it changes for you.

The situation

An employee who is a trade union delegate and is dismissed without authorisation from the labour inspector, and who does not request reinstatement within the company, is entitled, due to the violation of protected status, to compensation equal to the wages they would have received during the statutory protection period, i.e. 12 months from their dismissal from the company.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.