This principle is found in Article 24(b) of the revised European Social Charter of May 3, 1996. Lower court judges, including the Grenoble Industrial Tribunal, resisted the Court of Cassation's ruling. To award higher compensation than would have been due based on the Macron scale, the Grenoble Industrial Tribunal judges invoked the provisions of Article 10 of the ILO Convention, which stipulates that compensation must be commensurate with the former employee's situation. In this case, the employee was awarded €8,000 in compensation for breach of the employer's duty of care. The employee had been subjected to workplace harassment. She was receiving treatment and was being prescribed anxiolytics and antidepressants. The judges took this context into account when ordering the payment of higher compensation, which they considered more in line with what she had experienced in the workplace. Two important points emerge from the analysis of this judgment: – The lower court judges demonstrated resistance to the position of the Court of Cassation, which upheld the Macron scale, – An employer's failure to meet its safety obligations in cases of harassment can be costly. Employers, the Macron scale is not uniformly applied by all Labor Courts. Seek information and support in implementing effective measures to protect the health of your employees.