French labour law (droit du travail) – Harassment at work by porno SMS: the ambiguity of the subordinate disqualifies sexual harassment (c. cass. sept 25th 2019)
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Engaged April 3, 2000 by the Transdev Ile-de-France as team manager to exercise the last state of the contractual relationship the functions of operating manager, MG was dismissed for misconduct on July 31st, 2014, for acts of sexual harassment.
In a judgment of October 11th, 2017, the Court of Appeal of Versailles considered that the dismissal for sexual harassment was not based on a serious misconduct and it condemned the company to pay to the employee sums as compensation compensation notice , paid vacation leave, severance pay, salary on lay-off and related vacation pay.
The company has appealed in cassation.
In a judgment of September 25th, 2019, the Court of Cassation dismissed the company's appeal.
The Court of Cassation nevertheless rejects the appeal.
It states that "having noted, by own reasons and adopted, that the employee had sent, from his business phone, repeatedly and durably between 2011 and 2013, text messages with inappropriate content and pornographic to an employee with whom he had entered in a game of reciprocal seduction, the court of appeal could deduce that these facts did not constitute a serious fault making it impossible to maintain the employee in the company; that exercising the powers it has under Article L. 1235-1 of the Labor Code, it decided that these facts constituted a real and serious cause of dismissal ".
To read all the article, please click on the link below
https://blogavocat.fr/space/frederic.chhum/content/french-labour-law-harassment-pornographic-sms-work-ambiguity-subordinate-disqualifies-sexual-harassment-c.-cass.-september-25-2019-no.-17-31171_
Sources:
Court of Cassation September 25th 2019, n° 17-31171
https://www.legifrance.gouv.fr/affichJuriJudi.do?idTexte=JURITEXT000039188588
Porn at work: beware of dismissal for serious misconduct
https://www.village-justice.com/articles/porno-work-attention-lawen-law-for-fault-grave-cass-October-2018,29747.html
Frédéric CHHUM avocat et membre du conseil de l’ordre des avocats de Paris
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
www.chhum-avocats.fr
https://www.instagram.com/fredericchhum/?hl=fr
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