At work, can seek a relationship with a colleague is akin to harassment?

A managerial manager licensed for serious misconduct after harassing a colleague tried to assert the deprived of his behavior. But for the Court of Cassation, the pressure exerted in the workplace fully justifies a disciplinary sanction. © ANDREY POPOV/Adobe Stock Save save Receive harassment alerts An avalanche of messages, repeated calls, insistent proposals … When a frame tries to reconnect with a colleague, even apart from any hierarchical link, this can quickly cross the line of harassment. As TF1 reported on April 18, the Court of Cassation has just recalled it in a recently rendered judgment, confirming that harassment in a professional environment can lead to a dismissal for serious misconduct, even if certain facts are at first sight of privacy. In this case, a manager was dismissed for having sent a employee of repeated personal and professional messages, despite her explicit refusals. The employee, visibly disrupted, consulted the occupational physician, who immediately pointed out the facts to the company. The framework tried to defend itself by invoking the personal nature of its approach. In vain. Read also: Moral harassment at work: Definition and recourse The framework of work prevails on the private sphere for the high jurisdiction, the disputed behavior took place during the time and in the workplace, which is enough to constitute a disciplinary fault. “It doesn’t matter that there was no hierarchical link between the two employees,” said the judgment. What matters is the breach of contractual obligations and the infringement of the mental health of the colleague, incompatible with the maintenance of the employee in the company. The serious fault was therefore retained, paving the way for an immediate dismissal without compensation. Justice thus recalls that the employment contract does not only imply technical or hierarchical obligations, but also a duty of respect for other employees. Read also: Sexual harassment and sexism at work: What does the law say? Private life is not a disciplinary labor shield admitted that a fact falling under personal life can give rise to a disciplinary sanction, if it has repercussions on the company: operating disturbance, alteration of the work climate, endangering colleagues, etc. in present case, the judges considered that the frame had crossed the red line. “To his management functions was added a duty of exemplarity,” recalls the court. Putting insistent pressure on a colleague, without consideration for his consent, even without a malicious intention displayed, is enough to characterize a serious damage to the proper functioning of the company. Professional training >> Our service – Find the professional training which will boost or redirect your career thanks to our specialized search engine (sales, management, project management, languages, health, etc.) and come into contact with an advisor to guide you in your choice Receive our latest News Employment, Management, Rights, every week the news of your career. (tagstotranslate) Harc u00e8lement

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