Employment law in France – Cass. soc. 26-6-2024 no. 22-10.709 F-D, Sté Wavestone c/ W.
The poaching of employees by a recruiter for the benefit of a third party company constitutes gross misconduct where there is intent to harm. This is the point made by the Court of Cassation in its ruling of 26 June 2024 (no. 22-10.709), handed down between the company Wavestone and one of its former recruitment managers.
Gross misconduct occurs when an employee commits wrongful acts with the sole aim of harming his employer or, as in this case, when he acts in his personal interest while being aware of the harm caused to the company. In this case, a senior recruitment officer engaged in several acts during the performance of his employment contract, despite being bound by an exclusivity clause with his employer.
Among these acts, the employee recruited