A decision

The production of an incomplete internal investigation report is not sufficient to establish the reality of the wrongful acts: While internal investigations are a relevant tool for proving harassment, their value depends heavily on their content.

This was reiterated by the French Supreme Court in a decision dated June 18, 2025 (Cass. soc., June 18, 2025, No. 23-19.022 FS-B), in which it confirmed that an incomplete report that was not submitted in its entirety to the court and was insufficiently supported by other evidence cannot justify disciplinary dismissal.

In the case in question, an employee who had been dismissed for sexist behavior contested the dismissal.

The employer produced an internal investigation, of which only five of the fourteen reports had been submitted to the court. Some excerpts were truncated, identities were deleted, and the testimonies were not corroborated.

The Court of Appeal, noting that the missing documents could be favorable to the employee, ruled that the doubt should benefit him (Labor Code, Art. L. 1333-1).

The French Supreme Court upheld this discretionary judgment, stating that judges on the merits can disregard an investigation report if it is not supported by other evidence.

The decision is a useful reminder that employers do not benefit, in disciplinary matters, from the rules of evidence applicable to victims of harassment (Labor Code, Art. L. 1154-1).

It is therefore up to the employer to prove the materiality of the...

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