Mr T v. Cubik Partners

Content sourced from Wikipedia, licensed under CC BY-SA 3.0.

In France, the Court of Cassation on November 9, 2022 (case Q 21-15.208) ruled in favor of Mr T, finding that his right to freedom of expression was violated when he was fired for refusing to take part in company-mandated “fun” social activities at Cubik Partners. The decision reversed a March 10, 2021 Paris Court of Appeal ruling that had sided with Cubik Partners.

Background: Mr T worked for Cubik Partners, a Paris-based training and management consultancy, from 2011 and was promoted in 2014. He was terminated in March 2015 for not joining the company’s mandated “fun” activities. Cubik Partners described him as “square and boring.” Mr T argued that his idea of fun differed from the company’s and that he should be allowed to refuse policies encouraging excess or inappropriate behavior.

Court findings: The court said workers should not be forced to participate in seminars or end-of-week drinks that often led to excessive alcohol use. It also found it was acceptable for Mr T to reject practices seen as linking promiscuity, bullying, and misconduct. The ruling determined that Cubik Partners’ concept of fun violated Mr T’s dignity and private life, and that his refusal related to freedom of expression.

The court highlighted a broader company culture that included humiliating and intrusive privacy practices, such as simulated sexual acts, the option to share a bed with a colleague during seminars, the use of nicknames, and hanging up altered photos in offices.

Damages: Cubik Partners was ordered to pay Mr T €3,000. Mr T sought about €461,000 in further damages, with that amount to be decided later.

Legal basis: The decision referred to Article L.1121-1 of the French Labour Code and Article 10, §1, of the European Convention on Human Rights.

Related context: The case was discussed alongside other 2022 matters on workplace conduct, including a UK case where Michael Brockie sued PwC after a head injury from an alcohol-fueled company event, and a Lloyd’s of London fine of £1 million related to a “boys’ night out” that featured inappropriate initiation games and heavy drinking.