In a judgment dated May 6, 2025 (No. 23-14.492), the French Supreme Court recalls that acts constituting harassment can justify a dismissal for gross misconduct, even if other employees also acted inappropriatly or if the employer did not take appropriate measures.
- Facts
A manager was dismissed for gross misconduct due to managerial practices deemed excessively authoritarian and psychologically harmful, despite a prior warning.
Several consistent testimonies described a rigid, demeaning behaviour that caused suffering at work for a significant number of employees, a situation also reported by unions and the occupational doctor.
In his defence, the manager raised absenteeism or insubordination of some employees, as well as a campaign aimed at forcing his termination from the company.
- Procedure and Decision
The Court of Appeal, although recognizing the persistence of inadequate management, had ruled that the misconduct was neither serious nor valid, notably due to the employer’s lack of clear response to this situation, as no internal investigation, mediation, or support had been put in place.
The French Supreme Court overruled this reasoning, judging, based on Article L.4122-1 of the French Labor Code – which requires each employee to ensure the health and safety of others – that each employee remains individually responsible for their actions.
Accordingly, the French Supreme Court upheld the dismissal for gross misconduct, finding that despite the employer’s failings in its duty of care, the continuation of harmful managerial behaviour after a warning constituted a gross misconduct making it impossible to maintain the employee in the company.
This judgment emphasizes the importance for companies to put act quickly when being made aware of harassment.