Sports Law, Legal
The dismissal of football club employees is not subject to prior referral to the LFP Legal Committee.
Two employees of Espérance Sportive Troyes Aube Champagne (ESTAC) were dismissed for economic reasons in 2009. After having referred the matter to the Labor Court and the Reims Court of Appeal, which ruled in favor of the employees, noting in particular that the lack of prior referral to the Legal Committee of the Professional Football League by the ESTAC Club was sufficient “to deprive the dismissals of real and serious cause, and to impose on this point the annulment of the judgments”, the employees appealed to the Court of Cassation.
In two judgments dated 11 May 2016, the Social Chamber of the Court of Cassation, however, considered that “the referral to the competent committee, whose mission is to conduct arbitrations in disputes and not to give an opinion on a dismissal measure, is not mandatory for the employer and does not suspend the employer's decision”.
The parties were therefore referred to the Amiens Court of Appeal.
Source: linkedin.com [/column]
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