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The time of the interview rang. It’s Friday morning Fabien Galthié has to go to the convocation Mohed Altrad, the president of Montpellier Hérault Rugby, given to him on 29 December after he notified his layoff as a precaution. What can happen during the interview? Attempt to analyze the situation with the help of Montpelliéraine Alexia Roland, a lawyer specializing in labor law.
1. What is the law in an update procedure foot?
The layoff as a precaution implies a “serious demeanor” Fabien Galthié that “affects the operation” of the club and that “makes maintaining the employee in the enterprise impossible.” This Friday in an interview that can be preliminary to dismissal, Mohed Altrad will state its case to the coach and explain the fault “serious” or “heavy” he committed. He will also listen to the explanations of the latter, which may be accompanied by a staff representative, but not his lawyer.
As of this interview, the president of MHR shall serve its decision within a period ranging from two days to a month. The penalty can range from a simple warning to dismissal.
2. What can blame Mohed Altrad Fabien Galthié?
On 30 December, the day after the layoff Fabien Galthié, Mohed Altrad said. “He is accused its communication in recent weeks, that is neither adequate nor appropriate Sowing doubt in the minds of the players and the club is not a good thing in preparation for important deadlines. “
Having accepted his request to extend his contract until June 2017, the President of MHR little tasted that Galthié say that” he did not feel the team, “not” taking more fun “, then do share several times and with several members of his” desire to leave, “without wanting to resign. The argument of the poor results are not admissible, that of communication would it be enough?
“If the words discredit the employer, if they spill over the running of the club, s’ there is intent to harm, yes, it’s possible, says Mr. Roland. It may reflect what the coach will not push his team or ensure the interests of his employer. But it’s hard to argue. ” The lawyer also said that the facts singled out in a period of more than two months before the layoff are prescribed. So we could not fault Fabien Galthié before October 29, 2014? “Unless there is repetition of what was said, which could be the case in this matter. But having waited weakens the seriousness of the alleged breach,” said Mr. Roland.
The procedure therefore appear light in the state, unless other elements on file. Mohed Altrad mentioned a letter that he had written Fabien Galthié, to whom he will meet on Friday. What was in the letter? “According to its content, it could justify the procedure,” admitted the Montpellier lawyer.
3. Fabien Galthié he will be laid off?
Penalties can range from dismissal notified to the warning via demotion or transfer. In fact, Fabien Galthié can he find a way or another the drive of MHR, alongside Jake White? It’s unimaginable. Demoted? It would be … degrading. Occupy another function? Although Mohed Altrad asked to “think about a project for the club,” it is unclear the technician to remain in an office …
A dismissal, then following the layoff 95 % of cases? “Dismissal is another procedure that has not started. It depends on his behavior,” assured Mohed Altrad 30 December. “But it’s the same procedure and it is already engaged! It’s the decision is not yet taken,” objected Alexia Roland.
4. An agreement Is the amicable possible?
This is a possible hypothesis. Both sides have a few interests: Mohed Altrad not to go to litigation and risk having to sign a check of two million, Fabien Galthié to not to leave an action that could damage its image and following of his career. It remains to agree on the main issue is happening behind this folder: Fabien Galthié of allowances
Are the parties ready to take a step towards the other.? It would in any case a breach of the employment contract. So either dismissal or resignation, that does not entitle unemployment and will hardly accepted by Fabien Galthié unless it bounces right away in Italy or elsewhere. “If the financial agreement, a confidentiality clause will be integrated so that nothing gets out,” analyzes Me Roland. “The confidential transaction can settle this matter. When you have a reputation like Mr. Galthié, and even if the damage to reputation is already there, it is going to follow a procedure like this,” analyzes Me Roland .
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