Like other hospital employees before her, Christelle C. will have to make a choice: get vaccinated or change jobs. Wednesday, October 13, this administrative assistant of the Nord-Essonne hospital group, suspended without remuneration because not vaccinated, saw her application for interim relief rejected by the administrative court of Versailles,
Le Figaro
learned
. Monday, his lawyer, Master Rudyard Bessis had pleaded the suspension of this sanction, hoping to set a precedent. Stressing from the outset that his client, a single mother, had been deprived of her salary of 1,500 euros per month since September 15, he considered that it was a "
question of survival
". Justice decided otherwise.
Read also Covid-19: a hospital worker sues her suspension for non-vaccination
In his decision rendered on Wednesday, the summary judge stressed that "
to justify the existence of an emergency situation, the public official was content to argue that the decision to suspend his duties deprived him of his remuneration
”.
He therefore rejected the summary suspension for lack of urgency, but also the priority question of constitutionality presented by the applicant's lawyer.
An upcoming appeal to the ECHR?
Today, Christelle C. "
does not know what to do, she is lost
", reacts Maître Bessis to Le
Figaro
. If the lawyer admits that "
the situation is blocked
", he does not intend to stop there. He first advised his client to "
find a job elsewhere for a while, to support herself
" and those of his 12-year-old son. On the judicial level, the lawyer will "
await the decision of the Council of State, seized by other colleagues
", in similar cases. If it is also negative, "
we will go before the ECHR, even before the UN human rights committee
," he warns.
Read also "It's a question of survival": an unvaccinated hospital employee challenges her suspension in court
“
I told my client not to have too much hope. We left with an enormous handicap: the administrative court of Versailles recently rejected a request, ruling that the applicant had placed herself in this situation,
”explains Maître Bessis. A defense also used Monday by the lawyer for the Nord-Essonne hospital group. Contacted by
Le Figaro
, Cédric Lussiez, the director of the care structure, which brings together three hospitals in the Paris region, considered that he had only "
applied the law of the Republic
" and that "
the means raised by the applicant were quite limited
”. Today, the hospital group has 14 suspended agents out of 2570, reveals the director,which underlines a "
extremely low proportion
”.
If he "
deeply regrets
" this situation, because these employees "
had a lot of professional merits
", Cédric Lussiez testifies to a deep "
daily relief
".
“
The implementation of these provisions has made it possible to reduce absenteeism and restore a certain serenity as winter approaches
,” he says.
From now on, he keeps "
the hope that these agents will soon present a certificate of vaccination
".