Man fired for not being ‘fun’ at work wins legal fight after refusing to embrace ‘excessive alcoholism’ and ‘promiscuity’

A French supreme court of appeal has ruled that companies can’t fire their workers for failing to be sufficiently “fun”.

The ruling comes after a man, referred to as Mr T, was fired from the Paris consultancy firm Cubik Partners in 2015 for refusing to participate in after-work drinks and team-building activities.

According to the court documents, Mr T joined the firm in February 2011 and was promoted in 2014, but was fired a year later in March 2015 for “professional incompetence” – specifically, his refusal to adhere to the company’s “fun” values. Cubik Partners also said Mr T was difficult to work with and a poor listener.

According to the Court of Cessation, the company’s “fun” values included regular obligatory social events that culminated in “excessive alcoholism encouraged by colleagues who made very large quantities of alcohol available”, as well as “practices pushed by colleagues involving promiscuity, bullying and incitement to various excesses”.

The court also outlined various “humiliating and intrusive” practices promoted by Cubik Partners including simulations of sexual acts and the obligation to share a bed with a colleague.

In a judgment issued on November 9, France’s Court of Cassation found that by citing Mr T’s lack of participation in the company’s “fun” values and “critical behaviour” as one of the reasons for his dismissal meant he had been wrongfully fired by Cubik Partners.