Case Law Alert: Unfitness for Work and Redeployment

A salaried store manager with supervisor status (agent de maîtrise) was declared unfit for work. He claimed that the company had failed to comply with its duty to redeploy him, in particular because equivalent existing positions had not been offered to him (store technical manager, dispatch/transport manager, reception/preparation manager, logistics manager). The employer argued that these were senior positions that could not be offered because they were executive positions.

The Conseil d'Etat has ruled that this circumstance alone could not prevent the employer from offering these positions to the employee as part of its redeployment duty. The Conseil d’Etat notes, however, that this is a factor that may be taken into account when assessing whether the positions match those previously held by the employee. (CE 21 July 2023 no. 457196)