Logo law and pluralism
Logo Università Bicocca

French Court of Cassation (Cour de Cassation française), Chambre Sociale, No. 16-10.459, 1 February 2017

Date
01/02/2017
Type Judgment
Case number 16-10.459

Abstract

Dismissal of the worker for refusing to take an oath before the Court according to the traditional formula because of its incompatibility with her religion. Discrimination based on religion.

Normative references

Art. L. 1321-1 French Labour Code
Art. 9 ECHR

Ruling

Since no employee can be fired because of his religious convictions, the refusal to take the oath before the judge for his religious convictions, proposing a solemn alternative declaration containing the same substantial requirements, cannot be considered a legitimate cause for dismissal.