A carpenter set up a business offering carpentry, woodwork and PVC services, similar to those offered by his employer. He was dismissed for serious misconduct.
However, the Court of Appeal ruled that the dismissal was without real and serious grounds. The court noted that the employee was not subject to a non-competition clause and had not carried out his activities during working hours or used the company’s equipment. Furthermore, his self-employed activities remained residual with limited turnover.
However, this decision was overturned by the Court of Cassation. The Court of Cassation ruled that the fact that the employee had created and carried out an activity that directly competed with one of his employer’s activities while still employed constituted misconduct that made it impossible for him to remain with the company.
It was irrelevant that this activity was residual, and that it was carried out outside working hours without the use of company equipment.
