In accordance with its obligation of security, when it is informed of facts which may lead to a situation of psychological harassment, the employer must have an investigation carried out within his company.
One employee had informed her employer of psychological harassment. She was subsequently dismissed for incompetence. It seeks payment of various sums, in particular for breach of the duty of safety and loyalty, since the employer did not conduct an internal investigation.
The Court of Appeal held that, since psychological harassment was not established, the employer did not have to conduct an investigation. The Court of Cassation does not share this view. The employer, having been notified of such facts, must therefore launch an investigation.
