The Prud'hommes procedure
The Prud'hommes procedure
"I was called as a witness in proceedings before the Labour Court in Geneva. At the start of the hearing, the President asked me what my position was in the company against which the proceedings were being brought. I replied that I was the owner's spouse. The Chairwoman therefore said that I could not be heard as a witness but only for information purposes. Is it possible that today I could again be heard as a witness and not as information?
Aude, Thonex
In Geneva, in the event of a dispute between employers and employees, in all matters relating to their relationship arising from an employment contract, the law on industrial tribunals (juridiction du travail, LJP) is primarily applicable. In addition, the general provisions of the Judiciary Organisation Act and the Civil Procedure Act are applicable on a suppletive basis, insofar as they are compatible with the LJP.
Pursuant to art. 42 of the LJP, the witness is first asked by the Chairman to state: his full name, age, profession and place of residence; whether he is related to any of the parties and to what degree; whether he is an employer or employee of any of the parties; whether he is a creditor or debtor of any of the parties; whether he has any other relationship with any of the parties. The Chairman was therefore right to ask you about your position within the company.
Under article 43 of the LJP, the following may not be heard as witnesses: parents in the direct ascending or descending line; brothers and sisters; uncles and aunts; nephews and nieces; relatives in the same degree; spouses and former spouses; minors under the age of 16. In view of the fact that you are the plaintiff's spouse, the President was right to note this incompatibility and to hear you for information purposes, without having to swear an oath.
At a later date or in the context of other proceedings, the same conditions will apply to determine whether you can be heard as a witness, and since a former spouse cannot be heard either, even a divorce would not change anything.
