Société Nikon France v. Onof

No. 99-42942 (2001)

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Société Nikon France v. Onof

Cour de Cassation, Chambre Sociale
No. 99-42942 (2001)

Facts

In 1991, Société Nikon France (Nikon) (defendant) hired Frédéric Onof (plaintiff) as an engineer in the topographic department. While using Nikon’s computer during working hours, Onof allegedly used the computer for personal activities that Nikon had not authorized. Nikon had implemented a policy against using its company-issued computers for personal reasons. Nikon not only learned that Onof used the computer for unauthorized activity but also went into the computer and found a file named “personal.” After Nikon learned of the unauthorized activities, the company terminated Onof’s employment. Onof sued Nikon for wrongful dismissal. The lower courts rejected Onof’s claims, concluding that his dismissal was permissible. In particular, the Paris Court of Appeal reasoned that the termination was justified by analyzing the content of the messages that Nikon had discovered. Onof appealed.

Rule of Law

Issue

Holding and Reasoning (Waquet, J.)

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