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The employer prevention's duty first !

employer prevention's duty

An employee complains to her employer about the harassment of her supervisor.

The employer does not react. Two months later, the employee was dismissed for insufficiency.

She contests her dismissal (which will be declared void) and seeks damages for the employer's breach of its safety obligation in the absence of any reaction on her part after her harassment complaint.

The Court of Appeal dismissed the employee of this repressed request that insofar as the harassment was not established, the employer could not be blamed for not having reacted.

The Court of Cassation does not agree: The employer has a general obligation of prevention even if the facts of harassment are not proven. Therefore, in all cases where harassment is reported, the employer must initiate an investigation and formalize it in a document. Cass soc 27 novembre 2019 n° 18-10551

Photo : Charlize Theron et Liv Hewson dans «Scandale», de Jay Roach. Metropolitan FilmExport/Hilary Bronwyn Gayle


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