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Constructive dismissal may not be based on bullying facts that are two years old and for which the employer had taken the necessary measures

French Supreme Court, June 19 2019, n° 17-31.182 F-D

In a decision of 19 June 2019, the French Supreme Court confirmed that only a “sufficiently serious” breach by the employer preventing the continuation of the employment contract can validly base a constructive dismissal claim.

The Court considered this cannot be the case where the employee takes his constructive dismissal claim on long past acts of moral harassment that occurred two years before, and which the employer had taken the necessary measures to stop.

Neither the Court of Appeal nor the Supreme Court followed the employee’s reasoning whereby the facts of moral harassment had indeed prevented the continuation of the employment contract since the employee had been placed on sick leave because of these facts which was still running on the date when he left the company.