international employment law firm alliance L&E Global

France: Sexual harassment of employees of an external provider justifies the termination of the responsibl employee, who is also a staff representative

A staff representative who makes sexual comments about hostesses employed by an outside company to carry out business operations, who seeks favors in exchange for promises of job or who threatens dismissal, is guilty of misconduct serious enough to justify his dismissal. The Administrative Court of Appeal of Bordeaux thus confirmed the legality of the authorization to dismiss this protected employee. According to the judges, it was clear from the precise and detailed testimonies of the hostesses that the behavior and the remarks of the employee, by which he solicited in particular their private phone number, flattered them on their physical appearance and, sometimes, offered them to accompany them with his vehicle. or to invite them to lunch had the effect of creating an intimidating and offensive situation against them.