CASE COMMENT: RESTRICTIVE PRACTICES - UNFAIR PRACTICES - FAULT - DISMISSAL
Unfair practices: The Court of Cassation holds that an act of unfair trading can justifiy the dismissal of a person (Poney Intn.)
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– Cass. soc. 14 June 2005, Sté Poney International v. Mrs. X, No. 03-43.401
If the purpose of the non-competition clause is to prohibit the employee, at the end of his contract, from engaging in certain activities which may be detrimental to his former employer, the absence of such a clause during the performance of the contract does not allow the employee to compete unfairly with his employer. The employee is, in fact, bound by an obligation of loyalty to the employer from
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