Article L.1332-2 of the Labor Code provides that a disciplinary sanction must be imposed within the month following the preliminary interview. In this case, an Air France employee, summoned to an interview preliminary to a disciplinary sanction, was informed, fifteen days later, that the matter was referred to the disciplinary council, in accordance with the collective agreement for the company’s ground staff. The employee refused this referral and was dismissed for serious misconduct more than a month after the interview. The employee subsequently contested her dismissal, arguing that the one-month period had not been respected. The Cour de Cassation rejected her argument, considering that the employer can exceed the one-month period set by Article L. 1332-2 of the Labor Code, to consult a disciplinary body, as long as the employee is informed of this referral before the expiration of the period. In the event of the employee’s refusal, a new one-month period begins from the date of the refusal (Cass. Soc., 2 May 2024, No. 22-18.450).
