It's a curious message that the Alpes-Maritime tribunal has just sent by compelling a luxury hotel in Cannes to pay over large indemnities to an employee who was fired "without any real cause" when she refused to be kind to customers. So, it seems it is legally possible to be unpleasant to customers. It is not considered misconduct, even when one is the maître d' in a luxury restaurant!

The affair has sparked several reactions, with different interpretations about what constitutes 'misconduct' when it comes to service, but at the end of the day the law has opted for the most controversial solution, convinced it was protecting the employee. Let's quickly skip the commentaries of the foreign press, who will be sure to publicise the legal justification for the ill-tempered nature of the French and fuel our reputation for having bad customer service when dealing with foreigner customers. This decision has established an unfortunate hierarchy between natural expectations of the customer and the willingness of employees within an establishment to meet these expectations.

It would seem that smiling was just an option and that in service sector jobs there was thus no legal minimum obligation when it comes to attitude vis-à-vis customers.

At a time when consumption is in the doldrums, we might as well throw the baby out with the bath water and encourage throwing all expressions of frustration and worry at customers' faces. Customer relations management, today so important in guaranteeing sales and correcting performance failures, is not mechanical. It is not loyalty programmes which are going to develop the strong links between the enterprise and its customers, unless all personnel at all levels are convinced by it. Social protection is important but when it is taken to absurd levels it has the inverse effect. It's nonetheless the customer, by his or her presence, spending and satisfaction that is going to guarantee the best employee protection…

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