France

Mr. Floch was employed as a bartender by SARL KART INDOOR. He was placed on sick leave due to a medical condition. The physician's report stated that he had temporary incapacity and that working in a smoky atmosphere was contraindicated. It was recommended that his position be changed. During the second medical exam, the physician determined that the employee was unfit for this job and could not change positions within the company due to health issues, that the employee needed to work in a healthy environment free of tobacco and dust, and that there were no alternative positions available that would not be hazardous to his health. As a result, the employer scheduled a preliminary interview with Mr. Floch to discuss the employee's dismissal for disability, as noted by the occupational physician. The Court of Appeal ruled that the employer had violated Mr. Floch's right to health by requiring him to work in an area polluted by tobacco smoke. The court ordered the employer to take necessary measures to protect the physical and mental health of all workers in the establishment. The court determined that the employer was at fault and owed the employee 16,000 euros in compensation. Additionally, Non-smokers' Rights Association was awarded 1,000 euros in compensation for the harm caused to non-smokers.