The District Court from VD had to judge a case where an employee had sued for sexual harassment at work. A supervisor had sent unwanted SMS among others and made advances.
Although the assault occurred outside the company and also during free time, this is considered as sexual harassment in the workplace. Because if the performance of the harassed person is made difficult by the harassment, the perpetrator is a supervisor or co-worker, and they work together or he and the victim work closely, it is considered sexual harassment at work and the employer shall have to intervene.
The employer is obliged to end sexual harassment in his company or to ensure that this stops.
Source: Cantonal Court VD