In the event of moral harassment committed by a public employee, the CSE (Comité Social et Économique - Social and Economic Committee) cannot validly bring a civil action. Indeed, in this situation, it is not in a position to justify a personal prejudice. Here's how it works.
A supervisor accused of moral harassment by several agents
In this case, a group of public employees had accused their superior of moral harassment. The Comité d 'Hygiène, de Sécurité et des Conditions de Travail ( CHSCT - health, safety and working conditions committee) of the hospital in which the events took place was joined as a civil party by the CSE, which had its own pro CSE account.
The Court of Appeal had declared the CSE's civil action admissible and awarded it damages. The labor inspectorate had informed the CSE of the existence of suffering in the workplace linked to a managerial problem. The appeal court ruled that the acts of moral harassment reported by the employees fell within the remit of the CSE, as they had an impact on their working conditions (repeated comments and behaviour, backed up by numerous testimonies from the establishment's staff).
Personal injury resulting from moral harassment
The line manager appealed against the decision of the Court of Appeal, which had sentenced her to 4 months' suspended imprisonment for moral harassment.
In a ruling handed down on June 25, 2024, the French Supreme Court overturned an appeal decision stating that a trade union is entitled to take legal action when the issues raised result in personal injury.
Reminder of the scope of the CSE's missions
The Court's ruling provides an opportunity to reiterate the role of the Comité Social Économique. In this case, it was made clear that the role of the staff representative body is not to represent the different categories of staff or the general interests of the profession.
Generally speaking, the CSE plays a major role in occupational health and safety within companies. Its mission is to analyze the occupational risks to which employees may be exposed. Its intervention helps to promote health, safety and working conditions within the company. The committee can set up any initiative it deems useful, and in particular propose actions to prevent moral harassment, sexual harassment and sexist behaviour.
As for its composition, it comprises the employer and a staff delegation whose number depends on the number of employees in the company. Members of the staff delegation are elected for a 4-year term. In companies with at least 50 employees, the CSE also appoints a secretary and a treasurer.