Attention, cutting corporate spirit!
1. Facts and procedure
During this "team booster", "the last test was to break in turn a glass bottle wrapped in a towel with a hammer, to deposit the broken glass on a piece of cloth lying on the ground and to take a few steps on the glass thus broken barefoot ".
Mr. X., an employee among all the others who "executed themselves", refused to participate. He "would be out of the room in tears" before he was "forced to explain to the group that he had decided not to walk on the pieces of glass."
The occupational doctor had been alerted by Mr. X., then a respondent had also been led by the company.
On the one hand, it was found that Mr. X had to explain that he could not participate "because he was a carrier of a pathology" and "that he had reacted strongly emotionally because of his isolation fearing retaliation from his manager on his annual bonus.
On the other hand, for all other employees, the incident had generated "tension and discomfort described on different scales" by each of them.
At the end of the investigation, the manager had been dismissed for serious misconduct.
To read all the article, please click on the link below
(1) Cass. Soc., October 23, 2019, n ° 18-14260: https://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000039307323&fastReqId=732944503&fastPos=1
(2) L. 4122-1, French Labor Code: https://www.legifrance.gouv.fr/affichCode.do;jsessionid=57F0DE6900C6573EE9F5E28202DE42A6.tplgfr43s_1?idSectionTA=LEGISCTA000006178067&cidTexte=LEGITEXT000006072050&dateTexte=20180401
Frédéric CHHUM, Avocats à la Cour et membre du conseil de l’ordre des avocats de Paris
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