OD FLASH | Repeated acts of a sexual nature: the Court of cassation imposes the qualification of real and serious cause.

Court of Cassation, Social Chamber, 5 November 2025 – No. 24-18.932 – Lexis 360 Intelligence

In this case, an employee, who had been employed since 1987 as a delivery driver, was dismissed by his employer for serious misconduct in December 2020. Several female employees had reported sexually suggestive behaviour and comments on his part over the past few years: intrusive gestures, remarks about their clothing, verbal pressure and insistent attitudes, despite a previous warning from the HR department. These factors led the employer to conclude that it was impossible for him to remain in the company.

The employee challenged the dismissal before the Caen Court of Appeal, which ruled that the dismissal was without real and serious cause. It acknowledged that the facts were established, wrongful and repeated, but considered that the sanction was disproportionate given the employee’s seniority, the absence of previous sanctions and the fact that his position as a delivery driver exposed him to little internal interaction, particularly with female colleagues. The employer then appealed to the Court of Cassation.

The question put to the Court of Cassation was whether the circumstances considered by the Caen Court of Appeal could lead to the conclusion that the dismissal was without real and serious cause, despite the finding of sexually suggestive comments and gestures that caused discomfort to the female employees concerned.

The Court of Cassation overturned all provisions of the Caen Court of Appeal’s ruling. It ruled that the Court of Appeal should have concluded that these facts, having created an offensive or anxiety-provoking situation for the other employees, constituted in themselves at least a real and serious cause for dismissal.