Harassment: protection of employees

An employee who is a victim of psychological or sexual harassment is protected. They may not be disciplined, dismissed or subjected to discriminatory treatment for having suffered or refused to suffer acts of harassment.

Nor may they be subject to such measures for reporting such incidents.

Any disciplinary action or decision to dismiss taken in contravention of these protective provisions is null and void.

This protection also applies where it is ultimately found that the allegations of harassment are unfounded, unless the employee acted in bad faith.

An employee who reports incidents of psychological harassment without being able to prove them is not acting in bad faith, provided it is not alleged that they are acting in bad faith. In such a case, it is therefore not possible to dismiss them for misconduct.

What about false accusations?

An employee who reports instances of psychological harassment cannot be dismissed on that ground, unless they are acting in bad faith. Bad faith arises where the employee is aware that the facts they are reporting are false, and where they intend to cause harm to the person against whom the accusations are made.

It is possible to dismiss an employee who makes false, or even defamatory, accusations that are objectively likely to cause harm to the person they are directed against.

Dealing with sexual harassment: An employee found guilty of sexually harassing a female colleague will be subject to a request for dismissal submitted to the Labour Inspectorate. They may also face criminal prosecution.