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The Employee, Trade Union Delegate, Dismissed
Droit Immobilier

The Employee, Trade Union Delegate, Dismissed

📅 Decision of 06 June 2000🔄 Updated on 16 October 2026⚖️ Cour de cassation👁️ 31 views📖 2 min read

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.

Reference decision: cc • No. 98-40.387 • 2000-06-06 • View the decision →

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

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📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 98-40.387
  • Court: Cour de cassation
  • Decision of: 06 June 2000

Keywords

droit immobilierjurisprudenceimmobilier
Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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