Notion. (San Francisco, USA) Provides a cloud-based internal collaboration system, much like an intranet, where we may reference customer data as necessary to deliver and improve the Primary Services. Data processing in EU and USA.
Notion. An abusive dismissal is defined as the dismissal of an employee with an employment contract of indefinite duration based on reasons that are unrelated to the employee’s aptitude or behaviour, or not based on operational needs in the company, institution or service. Burden of proof The burden of proof lies with the employer when the employee contests his or her dismissal.
Notion. A manifestly unjustified dismissal is defined as the dismissal of an employee with an employment contract of indefinite duration, based on reasons unrelated to the employee’s aptitude or behaviour or to operational needs in the company, institution or service; and, which would never have been carried out by a normal and reasonable employer. The dismissal’s manifestly unjustified nature has nothing to do with its circumstances. Its assessment is purely based on whether the reason(s) for dismissal are related to either the employee or the business and whether a normal and reasonable employer would have taken the same decision. Only the dismissal’s unjustified character is examined, not whether the employer had other more reasonable alternatives. Employment tribunals only have a limited margin for appreciation. Burden of proof The burden of proof lies with: the employee, if the employer informed the employee of the reason(s) for dismissal in accordance with CLA n°109; the employee, if he or she was too late in requesting clarification on the reason for dismissal as stipulated in CLA n°109; the employer, if the employee was not informed of the reason(s) for dismissal either spontaneously or following the employee’s written request in accordance with CLA n°109. The burden of proof’s shift to the employer may encourage employers to spontaneously justify a dismissal if the appropriate reason’s underlying argumentation is weak.