Condemnation of the Ligue de Franche-Comté football for acts of moral harassment

In a judgment dated 5 April 2016, the Besançon Court of Appeal condemned the Franche-Comté football league for acts of psychological harassment. On 8 March 2013, the Franche-Comté football league dismissed a management assistant for “physical incapacity”.

Believing her dismissal to be unfair, she brought an action before the Montbeliard Labour Court, arguing that her dismissal was unfair. By a judgment dated 18 December 2014, the Conseil de Prud'hommes ruled, however, that the opinion of incapacity was regular and thus rejected his requests. She is appealing this decision. In a judgment dated 5 April 2016, the Besançon Court of Appeal overturned the judgment rendered on 18 December 2014 by the Montbeliard Labour Court.

The Court considers, in fact, that the documents in the file “suggest repeated acts of psychological harassment” and admits that the appellant's manager “exceeded her rights by adopting an attitude constituting psychological harassment in the face of an employee whose professional shortcomings, errors and negligence were proven and repeated, which certainly could generate annoyance but in no case the commission of repentance. psychological harassment” (CA Besançon, April 5, 2016, no. 14/02776). The Besançon Court of Appeal therefore affirms that the dismissal has no real and serious cause and condemns the Ligue de Franche-Comté football to pay: 10,000 euros in damages for psychological harassment; 12,000 euros in damages for dismissal without real and serious cause; 3,848.58 euros in compensation for notice and the related paid leave of 38.48 euros; 1,500 euros for non-compliance with the recommendations of the occupational physician; as well as 1,000 euros under article 700 of the code of civil procedure.

Faced with this conviction, the Franche-Comté football league can now appeal in cassation.

Source: Legavox.fr [/column]