Post by abbey1227 on Nov 26, 2022 2:56:40 GMT
Nov 26, 2022 2:44:01 GMT merh said:
FRANCE – COURT DECIDES EMPLOYEES CANNOT BE FORCED TO HAVE FUN
25 November 2022
A top French court has ruled that you cannot fire an employee on the grounds that they are not “fun” enough and won’t partake in work drinks and team-building activities, in what could be a landmark decision.
Mr T, who has not been named, was a senior adviser for Cubik Partners, a Parisian management consultancy and training company that promises to “make management more humanist again while durably improving performance”.
The company who’s motto is “fun & pro” organised a host of social events for staff in order to bolster team spirit. Fun is strongly emphasised on the company’s website, for example “Cubik is a “fun and professional” daily life: you have to have fun while working and our customers love it! (Have you ever put on a hen's hat in training?)”.
When Mr T refused to take part in these activities, the company accused the ex-employee of being square and boring, difficult to work with and a poor listener. Furthermore, they decided to fire him in 2015 on the grounds of “professional inadequacy” and because he lacked the party spirit it was seeking to promote.
However, Mr T argued that he simply did not share the company’s definition of “fun” and that he was entitled to “critical behaviour and to refuse company policy based on incitement to partake in various excesses”.
Seven years later, the Paris’ Court of Cassation has finally agreed with him. In its ruling, made earlier this month but only revealed this week, the appeals court pointed out that it was not everyone’s cup of tea to “forcibly participate in seminars and end-of-week drinks frequently ending up in excessive alcohol intake, encouraged by associates who made very large quantities of alcohol available”.
Nor was it everyone’s definition of “fun” to engage in “practices linking promiscuity, bullying and incitement to get involved in various forms of excess and misconduct”.
It said that the company’s values of “fun” violated the ex-employee’s “fundamental right to dignity and respect of private life” and that he was simply exercising his “freedom of expression” by not taking part.
In its ruling, the court decided that the “fun and pro” culture translated into “humiliating and intrusive practices regarding privacy such as simulated sexual acts, the obligation to share a bed with a colleague during seminars, the use of nicknames to designate people and hanging up deformed and made-up photos in offices”.
It ordered Cubik Partners to pay the ex-employee €3,000, however, he has demanded a further €461,000 in damages – a request that the court will examine at a later date.
25 November 2022
A top French court has ruled that you cannot fire an employee on the grounds that they are not “fun” enough and won’t partake in work drinks and team-building activities, in what could be a landmark decision.
Mr T, who has not been named, was a senior adviser for Cubik Partners, a Parisian management consultancy and training company that promises to “make management more humanist again while durably improving performance”.
The company who’s motto is “fun & pro” organised a host of social events for staff in order to bolster team spirit. Fun is strongly emphasised on the company’s website, for example “Cubik is a “fun and professional” daily life: you have to have fun while working and our customers love it! (Have you ever put on a hen's hat in training?)”.
When Mr T refused to take part in these activities, the company accused the ex-employee of being square and boring, difficult to work with and a poor listener. Furthermore, they decided to fire him in 2015 on the grounds of “professional inadequacy” and because he lacked the party spirit it was seeking to promote.
However, Mr T argued that he simply did not share the company’s definition of “fun” and that he was entitled to “critical behaviour and to refuse company policy based on incitement to partake in various excesses”.
Seven years later, the Paris’ Court of Cassation has finally agreed with him. In its ruling, made earlier this month but only revealed this week, the appeals court pointed out that it was not everyone’s cup of tea to “forcibly participate in seminars and end-of-week drinks frequently ending up in excessive alcohol intake, encouraged by associates who made very large quantities of alcohol available”.
Nor was it everyone’s definition of “fun” to engage in “practices linking promiscuity, bullying and incitement to get involved in various forms of excess and misconduct”.
It said that the company’s values of “fun” violated the ex-employee’s “fundamental right to dignity and respect of private life” and that he was simply exercising his “freedom of expression” by not taking part.
In its ruling, the court decided that the “fun and pro” culture translated into “humiliating and intrusive practices regarding privacy such as simulated sexual acts, the obligation to share a bed with a colleague during seminars, the use of nicknames to designate people and hanging up deformed and made-up photos in offices”.
It ordered Cubik Partners to pay the ex-employee €3,000, however, he has demanded a further €461,000 in damages – a request that the court will examine at a later date.
it IS one of the most annoying things in corporate land these days. "We're hip! We're fun! Be a team member and have fun, too!" Meanwhile they'll often drop you like a rock at the first opportunity.