An employee placed on sick leave is declared unfit for his position by the occupational physician. He refused the reclassification position proposed by his employer on the grounds that it was not compatible with the recommendations made by the occupational physician. The employer then dismissed him for incapacity and inability to reclassify. The employee challenges this dismissal before the judge.

The Court of Appeal ruled in favor of the employee. According to her, the employer breached its reclassification obligation because it had to wait for a response from the doctor confirming that the position proposed to reclassify the employee corresponded to her recommendations. The employer appeals to the Court of Cassation.

The Court of Cassation confirms the employer's failure to comply with its reclassification obligation. For her, if the employee considers that the reclassification job is not compatible with the recommendations of the occupational physician, the employer must seek the latter's opinion again.