Facts-various – Justice | Harassment : 120.000 € of compensation for the employee humiliated

Unsuccessful at first instance in march 2019 by the council of prud’hommes, Nancy, an employee of the company ” Samsic “, which specializes in industrial cleaning, just get in appeal the conviction of her ex-employer for harassment or bullying. Off since October 2014, the complainant had been examined by the occupational physician, who had declared ” unfit to his position and to all positions in the company.” She was dismissed in November 2016. This dismissal, which has now been declared null and void by the court of appeal of Nancy. The employee will receive at € 120,000 compensation.

Responsible of the antenna of Custines (54) of Samsic, this sexagenarian had been the victim of a “burn-out” related to an overload of work, unattainable goals, and but also humiliation on the part of its hierarchy. She managed a staff of 450 employees and more than 375 sites of the 175 customers of his establishment.

In 2012 and 2013, it would have been constantly alert to the direction of the difficulties related to the lack of personnel or resources. “These challenges are further strengthened in 2014 with the arrival of a new director for region management that is more hard and more ambitious goals “, says Me Fabrice Gossin, counsel for the complainant. “It was regularly presents on its site from 7: 30 to 23: 00, had to increase its volume of working hours, before hitting its quotations, tenders and resolve administrative issues and legal. In addition, she lived very badly this famous meeting of 9 July 2014 “.

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“Your figure is disgusting… “

A meeting to which Nancy would have arrived without having the figures of its establishment that have not been sent. “The director would have then said that his figure was” disgusting “, ” continues the lawyer. “The president then made to mount my client on the stand, in the company of other employees, whose numbers were not large financial returns. They have been placed in the obligation to cheer the colleagues who had achieved their goals… For it, this has been a real nightmare. She felt humiliated and has been traumatized “. The employee was placed on sick leave in October 2014, on the eve of a new meeting to which it did not of its digits. And, in 2016, a medical expertise has shown that the deterioration of his psychological health was in direct relation to their conditions of work.

“I argue that many cases of harassment and all the difficulty, in this kind of case, is to make the distinction between what is perceived by the employee as harassment and what really is “, stresses Me Gossin. “In the case of my client, we were able to establish the reality of objective facts which violated his dignity and his health. We have obtained compensation equal to the harm suffered “.

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