[DATING OF EVIDENCE]

[LAW OF EVIDENCE]

🚨An employer is not obliged to specify the date of the facts alleged against its employee in support of the redundancy (licenciement).

(Court of Cassation, Social Division, 31 January 2024, no. 22-18.792)

⚖️ A letter of dismissal must set out precise and materially verifiable reasons that may be disputed before the courts.

In the event of a dispute, the employer may invoke the factual circumstances that justify these reasons. However, it is not necessary that the facts be dated. The absence of dates to the alleged facts cannot itself constitute grounds for dismissal by the courts to invalidate the redundancy.

⚠ In the event of disciplinary redundancy, the employer must comply with a limitation period. This is subject to verification by the courts in the event of a dispute.

✅ In the pre-litigation phase, and at the time of dismissal, the employer is advised to seek the advice of a legal professional to ensure that the formal and substantive requirements are met.

✅ In the event of an employment dispute, it is advisable to check the type of redundancy and the applicable limitation periods.

✅ Although there is no legal obligation to mention the date of the facts, indicating the date increases the credibility of the case. It also helps contextualise the events in a chronological manner, increasing readability and understandability of the facts in concreto.

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