Dismissal Validity After Procedural Error in Misappropriation Investigation

A person who had been dismissed from their employment for cause, following an administrative investigation that found them guilty of misappropriation of company funds, appealed the decision, arguing the investigation violated their rights as their representative was not present as required by law for such proceedings. The court of cassation partially quashed the lower court's decision, reasoning that while the violation of procedural rights during the administrative investigation regarding the financial misconduct could justify nullifying the administrative sanction, it did not automatically invalidate the substantive ground for dismissal concerning the misappropriation itself, meaning the employer could still rely on the proven facts to justify the termination, provided the administrative procedural error did not impact the factual findings themselves.