Chapter III: Judicial review.

In the event of a dispute, the industrial tribunal will assess whether the procedure followed was in order and whether the acts of which the employee is accused are such as to justify a penalty. The employer provides the industrial tribunal with the information used to impose the sanction. On the basis of these elements and those provided by the employee in support of his allegations, the industrial tribunal forms…

The industrial tribunal can annul a sanction that is irregular in form, unjustified or disproportionate to the misconduct committed.

Where the sanction contested is dismissal, the provisions of this chapter do not apply. In this case, the industrial tribunal will apply the provisions relating to challenges to irregularities in dismissal set out in Chapter V of Title III of Book II.