Home > Workplace > France > 1990-05-25 - Court of appeal of Paris, n. 36864/89

1990-05-25 - Court of appeal of Paris, n. 36864/89

Workplace · France · Dismissal · Faith-Based Organisation

Unfair dismissal of a ritual supervisor in a casher restaurant

Key facts of the case - The defendant is the manager of a restaurant which provides casher food. In order to guarantee that the food is prepared according to the Jewish rites, he had hired a ritual supervisor, the applicant. Indeed, he had been verbally dismissed after he had been missing twenty-five days to attend the burial of his son in Israel, while the law grants three days. The Beth-Din services had sent someone to replace him. The employer considers that he was the only person entitled to decide of the length of such an absence.

Main reasoning of the court - Before the court, the ritual supervisor claims damages for unfair dismissal. The Court asserts that by providing casher food and hiring a ritual supervisor, the employer intended to submit his restaurant to a strict respect of the Jewish law. Hence, the contractual relationships between the employer and the ritual supervisor assumed a mutual attachment to the Jewish law, beyond the mission of the employee. It results that the employer could not ignore the length of an absence due to a burial in Israel. The dismissal constitutes accordingly an unfair dismissal.