Introduction
Mobbing in the workplace is not just a matter of atmosphere or stress: it can have direct legal consequences for both employees and employers.
A recent decision by the Federal Court perfectly illustrates the importance of external investigations in assessing a dismissal linked to reports of psychological harassment.
In a recent ruling, an employee who reported mobbing behaviour was dismissed.
The central question is how far the employer must go to investigate and protect the employee before dismissal is considered justified.
Context
An employee was dismissed after reporting bullying behaviour in her department. She contested the dismissal, arguing that the firm had not conducted a sufficient internal investigation to clarify the situation.
The Federal Court upheld the cantonal decision, considering that the external administrative investigation had established a breach of trust that justified the dismissal.
Key points of the decision
- An external administrative investigation may be sufficient if it reliably establishes the facts.
- The employer must take appropriate action in response to reports of harassment.
- A breach of trust is valid grounds for dismissal if adequate protective measures have been taken.
Key points for employers and employees to remember
- Les signalements de mobbing doivent être pris au sérieux, mais la réponse proportionnée de l’employeur est déterminante.
- La qualité et la suffisance des mesures prises, notamment via des enquêtes externes, sont des critères centraux.
- Il est important d’avoir des procédures claires pour traiter les plaintes, incluant le recours à des enquêtes internes ou externes.
Conclusion
The management of mobbing situations must be structured, documented, and transparent. External investigations play a decisive role in establishing the facts reliably before the courts.
Our firm assists employers and employees in such situations, including through internal and external investigations. Jean-François Cuénod, a member of our firm, is specifically responsible for these mobbing investigations, ensuring rigor and impartiality.
Our firm is available to answer any questions you may have regarding the management of mobbing, the protection of employees, or the validity of a dismissal.
Reference:
Federal Court, judgment 1C_171/2024 of 11 April 2025