January 2024

Employment & Benefits Newsletter



1.1. Case law reversal: unfair evidence admissible under certain conditions 

Cass. Soc., November 8, 2023, no. 20-20.648/21-11.330: In a reversal of case law, the Cour de cassation accepts that evidence obtained unfairly is admissible before a judge, provided that it is essential to the exercise of the right to evidence and does not disproportionately infringe the fundamental rights of the opposing party, such as the right to privacy.

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