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The existence of moral harassment is not subject to the repetition of identical or similar acts

French Supreme Court, 26 june 2019, n° 17-20.723 F-D

In a decision of 26 June 2019, the French Supreme Court clarifies the notion of repeated acts of moral harassment as mentioned in Article L. 1152-1 of the French Labour Code.

The Court considers that the qualification of moral harassment is not conditioned on the repetition of identical or similar facts. The judge must therefore examine the facts put forward by the employee as a whole.

In this case, the employee based on nine grievances, including his summons to a disciplinary meeting, the application for authorization request to dismiss him sent to the labour inspector and his employer’s challenging in court the elections that had led him to become a protected employee

The French Supreme Court considers that the Court of Appeal wrongly dismissed the employee’s claim for moral harassment, based on the consideration that these elements did not amount to repeated acts since each of them was of an isolated nature.