Moral Harassment and Management Liability
It was correctly pointed out by the first judges, that the commitment to ensure the employees’ normal working conditions, arises from the obligation of the employer to fulfill in good faith the employment contract, as the sole holder of the executive power and organization of the company, to take all necessary measures to prevent or stop any form of harassment of any nature that should harm the health of his/her employees.
The employer must therefore answer for the actions of people who exercise de jure or de facto authority over its employees.
The employer’s knowledge of the presence of mobbing facts is therefore the prerequisite for declaring wrongful the failure of taking the appropriate measures to stop the harassment.
This knowledge is accomplished by informing the managers of the company who have the power to stop or prevent the acts of harassment. It can also be done by delivering the information to people such as human resource managers, staff representatives or union representatives, as long as they have an agreement with the management of the company which allows them to do so.
(C.S.J., 28/04/2016, n°41470 du rôle).