the Court of Cassation recognizes “institutional moral harassment”

The former CEO of Telecom, Didier Lombard, at the court, May 11, 2022. BERTRAND GUAY/AFP

In a decision rendered Tuesday, January 21, the criminal chamber of the Court of Cassation rejected the appeals filed by the former CEO of France Telecom, Didier Lombard, his number two, Louis-Pierre Wenès, and two other executives, after their conviction by the Paris Court of Appeal on September 30, 2022, for “institutional moral harassment”, i.e. “harassment which results from a company policy leading, knowingly, to the deterioration of the working conditions of employees. »

The two former managers, as well as five executives from France Télécom and the company (which became in 2013) prosecuted as a legal entity, were referred to court, following a complaint filed by the SUD-PTT union in September 2009, denouncing “management methods of extraordinary brutality to provoke and accelerate the departure of a large number of agents. »

It targeted the conditions in which the restructuring plans following the privatization of France Télécom in 2004 were implemented, which provided for the departure of 22,000 employees (out of some 120,000 agents). During the investigation, 39 people were selected as victims, 23 of whom were over 50 years old and 19 who had killed themselves between 2007 and 2010.

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