28 May, 2024 by Marianne Favre Moreillon

Conflicts between colleagues and altercations with the employer: sensitive terminations

28 May, 2024 by Marianne Favre Moreillon

Conflicts between colleagues lead to a deterioration in the working climate, loss of productivity and sick leave. An altercation with the boss is likely to break the bond of trust. A termination to restore the working climate can prove delicate.

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

Serious offences against the employer's personality may result in sanctions up to and including immediate termination of employment. In the case of isolated incidents of lesser seriousness, or if the employee's behavior is linked to a breach by the employer, one or more warnings are required beforehand.

This article covers the following topics: 

  • conflicts in the workplace
  • altercations with the employer
  • employer's duty to prevent conflicts
  • employer's duty to help and assist
  • protection of personality
  • employer's duty to take steps to resolve conflicts
  • unfair termination
  • compensation for unfair termination
  • liability of employers who fail to take appropriate conflict management measures
  • attacks on colleagues' personalities
  • threats, altercations between employees
  • immediate termination of an aggressive employee

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