Case Law Alert: Not being reachable outside working hours is not a misconduct

A lorry driver did not comply with an internal company procedure that required employees to find out about next day’s assignments the day before they were due to return to work after an absence or a day off. The employer had penalised him for not responding to calls or messages organising his return to work.

The Cour de cassation has pointed out that the fact that an employee cannot be reached outside working hours on their personal mobile phone is not a misconduct and cannot therefore be grounds for a disciplinary sanction. (Cass. soc. 9 Oct. 2024, no. 23-19.063)