The provisions of the collective agreement

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

The situation

The provisions of the collective agreement relating to referral to a joint conciliation committee cannot deprive the employee of the right to bring the dispute before the competent court. Therefore, a union representative claiming that his dismissal was unlawful cannot be criticised for having applied to the interim relief judge for reinstatement in the company without first having referred the dispute to the joint committee established by the collective agreement.

What the law says

This decision confirms the fundamental principles of property law.

Points to remember

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

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