{"id":4386,"date":"2023-05-15T10:18:47","date_gmt":"2023-05-15T10:18:47","guid":{"rendered":"https:\/\/www.lusis-avocats.com\/?p=4386"},"modified":"2023-05-15T13:43:59","modified_gmt":"2023-05-15T13:43:59","slug":"the-labour-judge-can-take-into-consideration-anonymous-testimony-corroborated-by-other-elements-of-proof","status":"publish","type":"post","link":"https:\/\/www.lusis-avocats.com\/en\/the-labour-judge-can-take-into-consideration-anonymous-testimony-corroborated-by-other-elements-of-proof\/","title":{"rendered":"The labour judge can take into consideration anonymous testimony corroborated by other elements of proof"},"content":{"rendered":"\n

Cass. Soc., April 19 2023 n\u00b021-20.308, Published in the bulletin<\/em><\/strong><\/p>\n\n\n\n

Although the judge cannot base his decision solely \u2013 or in a decisive manner \u2013 on anonymous testimonies, he may nevertheless take into consideration anonymized testimonies provided they are corroborated by other elements that allow for an analysis of their credibility and relevance<\/strong>.<\/p>\n\n\n\n

A employee was subjected to a disciplinary suspension. He brought an action before the Labour Court to have this sanction annulled.<\/p>\n\n\n\n

The Court of Appeal annulled the disciplinary suspension, stating that the testimoy of an employee who had agreed to testify anonymously, fearing retaliation, and the minutes of his interview with the HR department have no probative value as it would be impossible for the accused person to defend himself against anonymous accusations.<\/p>\n\n\n\n

The Court of Cassation overturned the decision of the Court of Appeal, and indicated that while the judge cannot base his decision solely \u2013 or in a decisive manner \u2013 on anonymous testimonies, he may nevertheless take into consideration anonymized testimonies (i.e., testimonies that have been rendered anonymous in order to protect their authors, but whose identity is nevertheless known by the employer<\/strong>) provided they are corroborated by<\/strong> other elements that allow for an analysis of their credibility and relevance.<\/strong><\/p>\n\n\n\n

However, in this case, the Court of Appeal had found that the testominies were not the only proof submitted by the Employer to demonstrate the employee’s misconduct.<\/p>\n\n\n\n

Therefore :<\/p>\n\n\n\n