OD FLASH | If the termination letter cites a real and serious cause for dismissal, it is up to the employee to prove that the termination constitutes retaliation for their previous complaint of psychological harassment.

Court of Cassation, Social Chamber, 19 November 2025 – No. 24-13.091

In this case, a senior executive had been dismissed for serious misconduct. He then took legal action to have his dismissal declared null and void. The Douai Court of Appeal found that psychological harassment had taken place and declared the dismissal null and void.

The employer then appealed to the Court of Cassation.

The Court of Cassation pointed out that, in accordance with Articles L. 1152-2, L. 1152-3 and L. 1154-1 of the Labour Code:

• Where the facts cited in the letter of dismissal are likely to constitute a real and serious cause for dismissal, it is up to the employee to prove that the termination of his contract constitutes a retaliatory measure in response to a complaint of psychological harassment.

• Conversely, if the facts set out in the letter do not justify the termination, it is then up to the employer to prove that there is no link between the dismissal and the reporting of harassment.

In this case, the Court of Appeal had directly concluded that the dismissal was invalid solely on the basis of the existence of previous psychological harassment, without examining either the grievances set out in the letter of dismissal or the possible link between the reporting of the harassment and the termination of the employment contract, since the letter of dismissal made no mention of this.

As these two preliminary examinations had not been carried out, the Court of Cassation overturned the Court of Appeal’s ruling, but only insofar as it declared the dismissal null and void.