Company wrong to sack dozy security guard
Appeal court judges say he had worked 72 hours and firm did not give him enough time to rest
Judges have backed a security guard who was sacked for sleeping on the job – because he fell asleep after he was working for 72 hours.
The decision by the appeal court in Colmar, Haut-Rhin, overturned a ruling by the prud’hommes industrial relations tribunal that it was fair.
Saying that the security company had not respected the rule that said the maximum working period “should not exceed 48 hours in seven days” and that employees were entitled to 11 hours of rest, the judges added that this applied even if the period was over two calendar weeks.
The guard said he had worked 72 hours before he was caught asleep but the company challenged the way this was calculated and said the 72 hours covered two calendar weeks and not one, as specified in the industry’s collective agreement.
Saying that the guard’s ‘fault’ was the result of the company ignoring the law which specified that the maximum working week was six days, the court said it should not have made the employee suffer because of it.
Judges said his sacking was “without real or serious cause” and ordered the security firm to pay €28,000 in damages.
Colleagues had testified that the man was a “serious, responsible and strict” but also “punctual and professional”. He had 26 years’ experience.
