An employee dismissed by her employer brought an action for annulment of her dismissal on the ground that the employer had failed to fulfill its safety obligation. She criticizes him for not having taken the necessary measures as soon as he became aware of his unwell-being.

The Court of Appeal dismisses the motion. According to her, the employer had taken the necessary measures “to ensure the safety and protect the physical and mental health of the female employee.” The employee is appealing to the Court of Cassation.

The Court of Cassation upholds the appeal judgment. After recalling that an employer who justifies having taken the necessary measures to protect the health and safety of its employees complies with its obligation to ensure safety, the Court holds that the employer has taken the necessary measures to protect the health and safety of its employees. necessary measures as soon as it becomes aware of the difficulties encountered by her employee, i.e. 5 years after the beginning of her misery. These measures included:

• monitoring of the employee by the occupational physician and the director of human resources;
• opening an internal investigation to assess and remedy the causes of the difficulties identified.

The employer had also maintained a specific arrangement when the employee returned from work.

The Court therefore holds that the employer has met its security obligation vis-à-vis the employee.