LexInter | August 9, 2017 | 0 Comments


Cass. soc. May 23, 2007, Sending SMS to an employee and sexual harassment, JCP 2007 ed G, 2007 A 246


Cour de cassation, criminal chamber, March 4, 2003, Maxime X, Willmann, Christophe, Droit social, n ° 01, 01/01/2004, pp. 112-113

KEYWORDS Harassment, vulnerable or dependent people; Working conditions incompatible with human dignity

SOC. – March 5, 2002. CASSATION, N ° 00-40.717. – Aix-en-Provence Board of Directors, November 24, 1999. – Société La Louisiane et a. c / M. X …,  BICC 558

Under the terms of article L. 122-46 of the Labor Code, constitutes sexual harassment the actions of the person who, abusing the authority conferred on him by his duties, gave orders, uttered threats, imposed constraints or exerted pressure of any kind on an employee with the aim of obtaining favors of a sexual nature for his benefit or for the benefit of a third party. Such facts being necessarily constitutive of a serious fault, incurs the cassation the judgment which, although having held that the complaint of sexual harassment was established against an employee, considers nevertheless that it does not occur. was not a serious fault.

KEYWORDS  Dismissal. – Cause. – Real and serious cause. – Serious misconduct. – Various applications. – Sexual harassment – Inappropriate attitude of an employee shocking the modesty of employees.

CA Paris (18th Ch., Sect. D), February 26, 2002., N ° 02-364.-Société Amidis et Cie. c / Miss Osmani.   BICC 558

The absence of objective justification for the termination of the probationary period, the unjustified reproaches made to an employee and his new change of assignment, without explanation, while the labor tribunal was in progress, do not fall within the scope of the normal framework of the exercise of the power of organization and direction of the employer.

Such behavior constitutes moral harassment and must give rise to compensation for the benefit of the employee whose state of health has deteriorated.

KEYWORDS     Employer – Responsibility – Misconduct – Moral harassment – Characterization

Lyon Court of Appeal, Chamber number 4, November 26, 1998, Public Ministry against G,            Mistretta, Patrick ,    JCP G Week Legal (general edition)  , No.            35  ,            01/09/1999  , pp.1525-1529, 10145 Case

KEYWORDS            France, crimes and misdemeanors, sexual harassment, abuse of authority in labor relations, foreman, permanent solicitations, attitude of a sex maniac, threats and constraints

Court of Appeal of Douai, Room number 4, 10 September 1997 against Miss W N,            Parked, Thierry , JCP G Legal Week (general edition)   , No.             11   ,             11/03/1998   , pp.445-446,             Jurisprudence 10,037

KEYWORDS France, sexual harassment , seduction, work, CEO, abuse of authority in order to obtain sexual favors, established offense, crimes and misdemeanors, criminal law

Aix-en-Provence Court of Appeal, Chamber number 18, January 04, 1995, Société T,            Roy-Loustaunau, Claude , JCP E Semaine Juridique (company edition) , n ° 8 ,  02/22/1996 , pp. 55-57,  Case law number 789 

KEYWORDS Termination            of the employment contract, resignation, sexual harassment, behavior of sexual violence at work, assaults, characters, nature, notion, fault of the employer, liability, indemnities, compensation, damages, compensation for damage, article L 122-14-4 of the Labor Code, employee, executive assistant, proof, regime, conditions, legal framework, modalities.

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