The seductive game with a subordinate employee can be a cause of dismissal
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
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The seductive game characterized by the reciprocal sending of pornographic SMS between a superior and his subordinate, is a real and serious cause of dismissal because it deprives the superior of any authority and credibility in the exercise of his duties.
This is what the Court of Cassation, having ruled out the existence of sexual harassment necessarily constituting serious misconduct, considers in a judgment of September 25, 2019.
Between 2011 and 2013, a supervisor sent pornographic text messages to his subordinate. The latter, initially complaining of sexual harassment, had nevertheless responded to the messages, and had never invited the superior to stop, adopting moreover a very familiar attitude of seduction. However, the employer had dismissed the employee for serious misconduct.
The Court of Appeal did not find that the employee was guilty of serious misconduct, considering that sexual harassment was not characterized by her attitude. However, on the ground that this situation deprived the superior of any authority and credibility in the performance of his duties, it considered that this behavior justified dismissal for real and serious reasons. This is also the opinion of the Court of Cassation.
