A journey that takes an unexpected turn. In April, an employee of the Belgian administration flew from Brussels airport to Porto, Portugal, in order to telework there. But, when boarding, this worker certainly did not think he was taking the same flight as one of his colleagues, who recognized him. However, if the second was on leave, the first was supposed to be at home, teleworking.
Without waiting, the vacationer alerted his hierarchy to the presence of his colleague, and the latter did not hesitate to dismiss the culprit for serious misconduct. The Belgian administration has in fact judged that the culprit, employed for three years, “transgressed the rules applicable to leave and teleworking [and thus] deceived his hierarchy”. These rules, agreed with the employee who was authorized to telework, were taken into account only if the activity was carried out at the official’s home.
The former employee, however, defended himself, explaining in particular to the Belgian daily La DH that he had indeed teleworked on the plane. “Since he was on the same flight, this colleague could see that I was working on the plane on my laptop,” he said, adding that he was able to work “off the network without being disturbed, therefore more efficiently” than if he had teleworked from his home. “I made good progress during the flight, as well as the following two days in Porto. I finished processing the files on time, ”he also pleaded. The ex-civil servant also clarified that this was not the first time he had worked outside his home: “I had already teleworked from our family home in Brittany”, he told our colleagues. .
These arguments did not convince the employer, nor did Belgian justice. An appeal to the Council of State resulted in a decision in favor of the administration, a few days later. A decision contested by the lawyer specializing in labor law Olivier Wery: quoted by the Belgian daily, the expert believes that the rule has indeed been violated, but he questions the merits of the dismissal. “In view of his seniority, that he is not in bad faith and that there are no consequences, is this an irremediable breach of trust with the ‘employer ? It’s debatable,” he said.
