Abstract
If the expertise usually aims at the location of the psychic structure of the victim or the delinquent, the lines of his(her) personality, his (her) cognitive state, its motivations, its discernment at the time of the facts, in the legal context of the working situation, the deal is different. The obligation of security of result which presses on the employer as for the protection of the physical and mental health of the employees, including the particular case of the moral harassment, is exorbitant, including in the criteria of the unforgivable fault: the Business manager has to be conscious of the danger (appreciation in abstracto of what should have known an informed professional). The committed fault just has to be a necessary cause of the damage, and not a determining cause. À specific methodology must be used to update link between the decompensation and the specificities of the organization of the work.
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