Human Resources

The CSE must justify personal injury in order to bring a civil action

Publié le 25 septembre 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Civil action by an Economic Social Committee (ESC) must be based on personal injury. The Court of Cassation said so in a June 25, 2024, decision published in the bulletin.

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Image 1Crédits: New Africa - stock.adobe.com

A supervisor is accused by several of her officers of psychological harassment. The CSE is a civil party acting under the rights of the Committee on Safety and Working Conditions (CHSCT) of the hospital in which the incident took place.

The Court of Appeal declares the formation of civil parties to the CSE admissible and awards it damages. In her view, the psychological harassment in question fell within the remit of the EESC because it had affected the working conditions of employees. The superior shall appeal to the Court of Cassation. It considers that the CSE is not a direct victim of the offense of psychological harassment and should therefore not be compensated.

The Court of Cassation quashes and quashes the appeal decision. It holds that the EESC is not intended to represent the various categories of staff or the general interests of the profession. It adds that he did not justify personal injury resulting from psychological harassment. Thus, his civil action is inadmissible.