In a detailed 21-page ruling dated April 2nd, 2026, the Versailles Court of Appeal ordered the judicial termination of the employment contract of a truck driver for Avenir Déconstruction due to workplace harassment and breach of safety obligations.
This judicial termination has the same effect as a wrongful dismissal.
The Court of Appeal recognized the workplace harassment of the employee and awarded him €5,000 in damages.
The employee alleged a breach of safety obligations due to the absence of regulations concerning asbestos and general safety and prevention rules. The Court of Appeal found the company liable for breach of its safety obligation but overturned the amount of damages awarded for the breach, setting it at €8,000 (compared to €20,000 before the labor court).
The employee's claim for damages for anxiety related to asbestos exposure was dismissed on the grounds that "he failed to demonstrate that he was exposed to a high risk of developing a serious illness."
In total, the employee was awarded €54,000. The parties may appeal to the Court of Cassation.
To read the full article, click on the link below.
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
https://www.instagram.com/fredericchhum/?hl=fr
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