An employee, dismissed for carpooling with a car, was thrown out on appeal

The end of the course to the employee José Z. The court of appeal of Rennes has recognized the merits of the dismissal of an employee, who had been accused using her car to make trips of car-sharing on Blablacar.

The judgment, delivered on 31 August, reverses the decision of the council of prud’hommes of Nantes, rendered in July 2016, which had considered the dismissal as being without cause real and serious. But the court of appeal, which considers the gains to ” several thousand euros “, has held that the employee, Mr. Jose Z., had ” necessarily realized profits “, which is prohibited by the site Blablacar, while the insurance of his company does not cover people transported by carpool.

“The fact that a responsible agency for the practice of carpooling with a vehicle without the knowledge of his employer, exposing them to a risk given the lack of coverage of this activity by the insurer constitutes misconduct justifying the dismissal. ”
29 000 euros, in the first instance

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