The "necessary" injury: it goes away and it comes back!

Read the column by Christine Hillig-Poudevigne and Rudy Rabelle for actuEL RH about three rulings handed down by the Court of Cassation in September 2024 on ‘necessary’ harm.

In this column, they return to the confirmation by the Court of Cassation that the prejudice qualified by the doctrine as ‘automatic prejudice’ or even ‘necessary prejudice’ was still favoured by case law after a few years of scarcity. If its return was imminent, it raises questions as it can call into question the predictability of labour court litigation and must invite the HR and legal departments of companies to exercise the utmost caution.

To read this article: Le préjudice “nécessaire” : ça s’en va et ça revient !

Team

 

Christine Hillig-Poudevigne

Attorney, Partner