Is the dismissal of a pregnant woman who has been wrongly notified better compensated?

A pregnant employee is dismissed for serious misconduct by her employer (an association). She took the matter to court and sought a declaration that her dismissal was invalid.

The Court of Appeal allowed his application and sentenced the employer. According to her, the director of the association, who signed the letter of dismissal, had neither the authority to dismiss, nor a delegation giving him that authority. The employer appeals to the Court of Cassation.

The Court of Cassation dismisses the appeal and upholds the nullity of the dismissal. For her, the dismissal is void because the director of the association did not have the power to sign the dismissal letter. He had not received a delegation from the employer, the association's board of directors.

Thus, dismissal by a person not authorized by the employer is nil where it concerns a pregnant employee. This stop therefore allows a better compensation and strengthens the protection of pregnant workers.

The Court therefore states that a pregnant employee whose dismissal is null and void and who is not required to apply for reinstatement is entitled:

• to severance pay ;
• to one compensation not less than 6 months' pay to make good in full the damage suffered on account of the unlawful nature of the dismissal;
• to salaries which it would have received during the period covered by the invalidity.