Service-Public.fr replies:  

Dismissal for serious misconduct deprives the employee of severance pay and compensation for notice. This ground leads to the termination of the employment contract immediately. The termination of the contract shall be effective on the date on which the letter is sent. This may result in a time lag between the moment when the contract is actually terminated and the moment when the employee becomes aware of the termination.

In accordance with the terms of Article L1232-6 of the Labor Code, the employer must notify its decision to dismiss by registered letter with notice of receipt. The letter of termination must include a statement of the reason(s) given by the employer.

In a similar case, the judges followed the path already laid down by existing texts and case law. They held that the telephone call to the employee constituted verbal dismissal (and therefore without real and serious cause), even though a letter of dismissal for serious misconduct had been sent on the same day. The exact timing of the events was not established.

Nor did the judges accept the employer’s laudable intention.

In conclusion, notification of a dismissal must be in writing. Even by correction or with good intention, it is not recommended to inform the employee of the termination of his contract by telephone before sending the termination letter.