In a recent decision, the Court of Appeal of Toulouse ruled that not all workplace conflicts, even those that are long-lasting, constitute psychological harassment.
This decision emphasised that if an employer takes appropriate corrective measures, even if they do not completely resolve the situation, the claim of psychological harassment cannot be upheld.
In this case, there was a significant and ongoing conflict between employees in the company’s laundry service. Although the conflict continued, the Court found that it did not amount to psychological harassment.
The employer demonstrated proactive intervention by:
- implementing mediation efforts;
- raising the issue with the social and economic committee;
- consulting the occupational health physician, who confirmed that there was conflict but did not recommend any specific protective measures of psychological harassment.
As a result, the employee’s claim for damages for harassment was dismissed by the Court.
Key information for employers from this French case:
- Workplace conflicts do not automatically constitute psychological harassment;
- Employers should proactively address workplace conflicts to ensure a safe environment.
This decision highlights the need for employers to adopt a structured approach to resolving workplace conflicts to avoid potential harassment claims.
CA Toulouse, 22 Nov. 2024, n° 23/01319