Is a lack of sense of humor a legitimate reason to dismiss an employee?
At first glance, the answer is simple: no.
However, the issue becomes more complex when considering the alignment of the employee with the company’s culture, a set of practices that characterize management and team cohesion.
An illustrative case when discussing humor and unfair dismissal is the “Fun and Pro” case, which lasted nearly 10 years. The reason? The dismissal of an employee, partly justified by his “refusal to adhere to the company’s fun and pro value” and his “cultural misalignment.”
He who laughs last laughs best. In January 2024, the judicial saga ended with the Paris Court of Appeal ruling that cultural misalignment is not a legitimate reason for dismissal and the employer cannot force an employee to assimilate the company’s identity at the risk of infringing on his freedom of expression and dissent.
ærige avocats ensures to always be very professional (and sometimes fun too)
