In a decision on 1 June 2022, the Court of Cassation overturned a previous decision by the Court of Appeal, where they decided an internal harassment investigation conducted by the management alone is a valid means of proof for dismissal.
After an employee complained of moral harassment, the management implemented an internal investigation, conducted by the Human Resources Department without the assistance of employee representatives, which concluded that moral harassment had occurred. The respective employee was dismissed for gross misconduct. The Colmar Court of Appeal dismissed this evidence on the grounds that the investigation had not been carried out by the employees’ representatives. The Court therefore considered the dismissal was wrongful, however the Court of Cassation overturned this decision.
