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A series of judgments of June 6, 2012 allows the Court of Cassation to take stock of moral harassment.
– A definition centralized by the penal code: the labor code would no longer expressly define moral harassment and would refer to the definition contained in the penal code.
– Limit of the protection granted in the context of moral harassment: the employee who falsely denounces acts of moral harassment with the aim of destabilizing the company and dismissing the superior commits a fault justifying his dismissal.
– Clarification on the system of evidence: when an employee has established the materiality of precise and concordant facts, the judge must carry out an overall assessment of these elements to decide whether there is a presumption of moral harassment.
– Double sanction of the employer: the employer can be ordered to repair the damage suffered by the employee who is the victim of moral harassment, but also to compensate for the violation of his general obligation to prevent harassment. Double compensation is possible.
Lawyer Grégory DAMY labor law, moral harassment.
