Refusal of a candidate to complete a questionnaire infringing on their private sphere - No sanction under unemployment insurance

Facts

The dispute concerns the refusal of a candidate for a telephone operator position in a telemarketing company to complete a questionnaire, some questions of which infringed on their private sphere. Following this refusal, the position was filled by another candidate, and the candidate had their unemployment benefit entitlement suspended. The issue to be decided is whether this conduct constitutes a fault within the meaning of Art. 30(1)(c) UIA justifying this sanction.

Considerations

The Federal Tribunal considers that the employer's right to ask questions of the candidate is not unlimited. The candidate is only required to answer questions directly related to the employment and the required skills. Questions concerning elements of the candidate's private sphere and unrelated to the position to be filled constitute an inadmissible infringement of their personality.

In the present case, the Federal Tribunal considers that the questions in the contested questionnaire, particularly those relating to the candidate's behaviour in their private life, exceed the information that…