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Fr.3 FRANCE

Fr.3 FRANCE Negotiated termination - compromise settlement - compromise prior to dismissal HEADNOTES Facts Mr. Purier had worked for the Seduca company since 1964, most recently in a managerial capacity. Faced with the prospect of dismissal for serious fault, he first stated that he intended to resign and then, in a letter of 4 March 1991, declared that he accepted the dismissal and recognised that he was not entitled to any indemnity and would not initiate any action against the employer. By let- ter of 8 March 1991, the employer dismissed him. The employee then seized the labour court. He claimed that he had been dismissed without good cause (cause reelle et serieuse) and sought payment of termination indemnities and damages. On 28 September 1992, the Court of Appeal of Riom rejected his claim by reference to his letter of 4 March 1991. He appealed to the Court of Cassation. Decision The decision of the Court of Appeal was set aside. Law Applied Civil Code Article 2044: A compromise settlement (transaction) is a contract by which the parties bring an existing dispute to an end or prevent a dispute from coming into being. JUDGMENT In virtue of article 1134 of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160296X00416
Publisher site
See Article on Publisher Site

Abstract

Negotiated termination - compromise settlement - compromise prior to dismissal HEADNOTES Facts Mr. Purier had worked for the Seduca company since 1964, most recently in a managerial capacity. Faced with the prospect of dismissal for serious fault, he first stated that he intended to resign and then, in a letter of 4 March 1991, declared that he accepted the dismissal and recognised that he was not entitled to any indemnity and would not initiate any action against the employer. By let- ter of 8 March 1991, the employer dismissed him. The employee then seized the labour court. He claimed that he had been dismissed without good cause (cause reelle et serieuse) and sought payment of termination indemnities and damages. On 28 September 1992, the Court of Appeal of Riom rejected his claim by reference to his letter of 4 March 1991. He appealed to the Court of Cassation. Decision The decision of the Court of Appeal was set aside. Law Applied Civil Code Article 2044: A compromise settlement (transaction) is a contract by which the parties bring an existing dispute to an end or prevent a dispute from coming into being. JUDGMENT In virtue of article 1134 of

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1995

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