"We had relatively few doubts about the court's decision," said soberly this Wednesday morning the director of the Groupement hospitalier nord Essonne (GHNE), Cédric Lussiez.
After examination of the file, justice has just rejected the summary-suspension of the secretary of the pediatric service of the Orsay hospital.
She had been suspended since September 22 because not vaccinated against Covid-19.
And while vaccination has been compulsory for caregivers since September 15, on pain of no longer being paid.
To justify his decision, the summary judge of the administrative court of Versailles (Yvelines) considers that the appeal suffers from an "absence of urgency".
"The suspension of the execution of an administrative decision can be pronounced by the judge only on condition that the one who requests it justifies an emergency situation", specifies the administrative court.
However, "this loss of remuneration results directly and exclusively from the refusal of the agent to submit to the vaccination obligation", details the press release.
Soon new legal steps
Contacted, the secretary's lawyer shouts “denial of justice”.
"I fell from the clouds, plague master Philippe Rudyard-Bessis.
The words have a meaning: I introduced a priority question of constitutionality.
As the name suggests, this means that it is examined as a priority.
But the summary judge considers that there is no urgency.
It's incomprehensible.
"
Read also Pontoise: suspended by the hospital, an unvaccinated caregiver on sick leave wins the case
Despite this first setback, the lawyer does not give up the fight. “The situation is dramatic,” he continues. It is about a mother and her son without any income or any help. As of today, I will file the priority question of constitutionality before the trial judge of the administrative tribunal. I will also go before the Council of State. Without an answer, I will go before the UN Human Rights Committee, ”he warns.
Within the Orsay hospital, 14 agents out of a workforce of 2,570 were suspended for the same reason.
“All our doctors are vaccinated, reassures the director of the GHNE.
We regret that after seven months of teaching, we have not succeeded in convincing the recalcitrant staff.
The public hospital must respect the laws of the Republic.
From an ethical point of view, we must also assure patients that we are doing our utmost to accommodate them in the best conditions.
"
