An employee was declared unfit for any job that involved repeated trips on a nationwide scale and was dismissed.

The court of appeals found that the employee’s working conditions had consequences on her health and that the company was manifestly at fault for not having taken into account the risks attached to a situation of which it was aware. Nonetheless, according to the appellate court, while the employee was entitled to claim a salary increase based on a risk she incurred, she then had to assume the implications.

The Supreme Court has overturned the appellate court’s ruling and refuses to limit the damages awarded for the employer’s breaches of its absolute safety obligation: “By so ruling, whereas the workers’ obligations in the area of occupational health and safety do not affect the principle of employer liability, the court of appeals violated the statute.”