Collective agreements: an annual bonus subject to staff presence
An employee had seized the industrial tribunal judges following his dismissal for serious misconduct on December 11, 2012. He challenged his dismissal and also requested payment of an annual bonus provided for by the applicable collective agreement.
On the first point, he had partly won his case. Indeed, the first judges had considered that the facts alleged against the employee did not constitute serious misconduct, but a real and serious cause for dismissal. They had therefore condemned the employer to pay him the sums of which the employee had been deprived because of the qualification of serious misconduct: a back pay for the period of layoff, as well as sums in respect of the compensation for notice and severance pay.
On the second point, the judges had rejected the employee's request, considering that the latter did not meet the conditions for obtaining the bonus. This was provided for by the collective agreement for the retail and wholesale trade predominantly in food (art. 3.6)…
