Diebold prevails in dismissal case before the Labor Court of Marseille
Jones Day represented Diebold in a case filed before the Labor Court of Marseille. Mr. Artufel, the employee, was a volunteer for a departure under the 2004 Safeguard of Employment Plan ("SEP") as a pre-retiree. Nevertheless, when the negotiation on the budget of the SEP came to an end, the unions decided that they would no longer support the pre-retirement departures, which were very costly. This led to the cancellation of Mr. Artufel's departure from Diebold Cassis Manufacturing ("DCM"). Mr. Artufel was informed that he had to stay and continue working at DCM. Mr. Artufel brought an action against DCM claiming that he should have been allowed to leave as a pre-retiree. He claimed a dismissal indemnity for an amount of €80,600, a voluntary departure indemnity for €3,000, his salary until the age of 60 for an amount of €131,000, damages of €80,000 and lawyers' fees of €300.
The Labor Court rejected all his claims by a judgment of December 21, 2006. Mr. Artufel appealed this decision. The judgment before the Court of Appeals confirmed the Labor Court's decision on June 26, 2008 and therefore rejected all his claims.
Edmond Artufel vs. Diebold Cassis Manufacturing (RG No. 07:01820°)