DO’S & DON’TS | This month: Harassment claims
Published on :
12/02/2020
12
February
Feb
02
2020
A look at the major pitfalls in French Labor and Business law…and how to avoid them
This month: Harassment claims
When an employee reports a situation of moral (psychological) harassment, the company must initiate an internal investigation and if the harassment proves to exist, immediately take the appropriate measures to put an end to this situation.
In a recent case, an employee was dismissed for professional inadequacy. She considered that her dismissal is linked to her complaint of moral harassment against her manager and she accused her employer of having breached her security obligation by not carrying out an investigation. The court of appeal rejected the employee’s claim, stating that, the employer could not be criticized for not having carried out an investigation, as the harassment was not established.
The French Supreme Court disagreed: the employer's general obligation of prevention and safety is distinct from the prohibition of psychological harassment.
The employer is liable for having failed to react accordingly. Here are some do’s and don’ts to keep in mind with such a situation:
• Do take all claims or reports of harassment seriously.
• Don’t take any action that could be seen as penalizing the person who has alerted you to the harassment or who is the victim.
• Do launch an investigation immediately, preferably by involving HR and legal counsel.
Don’t take final disciplinary action without evidence or due process. The procedures must be followed!
• Do convene witnesses and get their statements in order to draft a report in view of reaching a conclusion.
• Don’t forget to preserve confidentiality though, where appropriate.
• Do involve the appropriate authorities if a grave and serious health and safety risk is present.
• Don’t forget to take measures to prevent such behavior from re-occurring. Trainings, management sessions and documentation must be implemented. Flichy Grangé Avocats can assist you with every step necessary to ensure your company’s proper investigation and in general, using the law to safeguard the health and safety of your employees.
History
-
This month: Handling the case of a sick employee
Published on : 19/01/2021 19 January Jan 01 2021NewsNewsletter / Do’s and Dont’sThe Covid-19 pandemic continues to rage on, causing dire human, social, and e...
-
This month: Economic dismissal related to the pandemic
Published on : 02/10/2020 02 October Oct 10 2020NewsNewsletter / Do’s and Dont’sCoronavirusAs we enter the third season of the pandemic, many businesses are feeling the...
-
This month: Opening back up your workspaces
Published on : 26/05/2020 26 May May 05 2020NewsNewsletter / Do’s and Dont’sA look at the major pitfalls in French Labor and Business law…and how to avoi...
-
DO’S & DON’TS | This month: Harassment claims
Published on : 12/02/2020 12 February Feb 02 2020Newsletter / Do’s and Dont’sA look at the major pitfalls in French Labor and Business law…and how to avoi...
-
Do’s & Don’ts | This month: Considering Secondment to France
Published on : 06/11/2019 06 November Nov 11 2019NewsNewsletter / Do’s and Dont’sA look at the major pitfalls in French Labor and Business law…and how to avoi...
-
Do’s & Don’ts | This month: Working time
Published on : 29/07/2019 29 July Jul 07 2019Newsletter / Do’s and Dont’sFrench law provides for a standard legal working time of 35 hours per week. T...
-
Do’s & Don’ts | This month: Mutually agreed terminations (Rupture Conventionnelle)
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Do’s and Dont’sA mutually agreed termination (“rupture conventionnelle”) offers the ability...
-
Do’s & Don’ts | This month: Pre-dismissal interviews
Published on : 09/01/2019 09 January Jan 01 2019NewsNewsletter / Do’s and Dont’sIn France, there are strict rules and procedures to follow in the process of...
-
Do’s & Don’ts | This month: Lump sum agreements in days
Published on : 19/10/2018 19 October Oct 10 2018NewsNewsletter / Do’s and Dont’sThe lump sum agreement in days, known as "forfait jours", allows for high lev...
-
Do’s & Don’ts | This month: Reducing headcounts: the RCC guidebook
Published on : 10/07/2018 10 July Jul 07 2018NewsNewsletter / Do’s and Dont’sThe Macron labor law reform created a new way to implement downsizing on a vo...