Filing a harassment complaint for the sole purpose of protection against dismissal is abusive

31 May 2017Termination

In its decision of 27 February 2017, the Brussels Labour Court recalls that, in the context of a harassment complaint, the statutory indemnity for protection against disimssal is not due if the employer establishes that the grounds for dismissal are unrelated to the filing of the complaint.

In this case, the Court reiterates that is not a question of assessing the reality of the harassment or of the seriousness of the ground for dismissal, but of verifying whether the dismissal of the worker has its basis and justification in other grounds than the reasons for filing the harassment complaint.  The filing of such a complaint may be considered abusive if it appears that it has been filed by the worker for the sole purpose of avoiding his dismissal. 

 

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