OD FLASH | Disciplinary suspension and dismissal of a protected employee: scope of administrative court review

Council of State, 1st Chamber R, 17 November 2025, No. 496006

In this case, a protected employee refused to comply with a three-day disciplinary suspension. The company therefore sought authorisation to dismiss the protected employee, which was granted by the labour inspector in a decision confirmed by the Minister of Labour, following an appeal by the employee to his superiors, and then by the administrative court, following a contentious appeal.

The Nancy Administrative Court of Appeal, to which the employee appealed, overturned these decisions, prompting the company to lodge an appeal.

The Conseil d’Etat had to rule on the jurisdiction of the administrative judge to assess the merits of a challenge to a disciplinary sanction.

It pointed out that disciplinary suspension of a protected employee is not subject to prior authorisation by the administrative authority, and therefore challenges to such suspension do not fall within the jurisdiction of the administrative court.

However, if the employee’s refusal to comply with the disciplinary suspension forms the basis of a request for authorisation to dismiss, the administrative court may, on that occasion, review its legality.

On the merits, as the actions that led to the suspension were neither established nor wrongful, the Conseil d’Etat dismissed the employer’s appeal.