In addition, the court found that a prior warning issued by the employer vetoing personal use of e-mail at work, did not preclude employees from this right to privacy.
The employee in question, Mr O, was dismissed by Nikon in June 1995 for making personal use of the e-mail system contrary to the employer policy. Mr O argued that this did not constitute a reason serious enough to justify the dismissal. It was revealed, during the course of the case, that Nikon had intercepted Mr O’s e-mails in order to verify their private nature.
The Cour de Cassation upheld the dismissal since failure to respect the employer’s policy is, under the French employment law code, regarded as “gross misconduct.” The court concluded, however, that an employee has a right to privacy even during working hours and in the workplace.