14 Mar, 2024 by Marianne Favre Moreillon

Workplace conflicts, beware of dismissals!

14 Mar, 2024 by Marianne Favre Moreillon

Conflicts lead to a deterioration of the work climate, loss of productivity and long-term absences due to sickness. Is a dismissal to restore the work climate always justified?

When a conflict arises within the company between two or more employees, the employer's duty to help and assist requires him to take appropriate measures to defuse the conflict before dismissing the offending employee. If the employer allows a conflict situation to develop without intervening, the dismissal of one of the employees involved in the conflict may be abusive.

This article discusses the following topics:

  • conflicts in the workplace 
  • the employer's duty to prevent conflict
  • the employer's duty to help and assist
  • protection of the personality
  • the employer's duty to take steps to resolve conflicts
  • unfair dismissal 
  • compensation for unfair dismissal
  • liability of the employer for not taking adequate measures for conflict management
  • attacks on the personality of colleagues
  • threats, altercations between employees
  • immediate dismissal of an aggressive employee

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