The Saint-Etienne CHU on Wednesday refused the reinstatement of two unvaccinated agents, working in the kitchens of the establishment, despite a recent judgment which is favorable to them, we learned from those concerned.
These agents, whose administrative court of Lyon ordered Friday in summary the suspension of the sanction, until a decision was made on the merits of the case, were refused access to their workstation. , at the North Hospital of Saint-Priest-en-Jarez (Loire).
The judgment provided that the suspension of hospital decisions "
implies the provisional resumption of the activity and the remuneration
" of the applicants.
Read alsoCan non-vaccinated caregivers have another job when their employment contract is suspended?
The two women presented themselves Wednesday morning, provided with a health pass, in the presence of a judicial officer.
"
We were prevented from taking our job by an executive who told us to apply a directive from the HRD,
" Marie-Josée Ribeiro, one of the two employees, told AFP.
Their lawyer, Me Thomas Bénagès, told AFP "to
deplore that the hospital has chosen to outlaw itself by refusing to apply the court ruling
" for its two clients.
"
It is scandalous on the part of the employer who has a duty to set an example, while the employees have used the legal means
".
"Resumption of activity next Monday"
A third unvaccinated and suspended agent, employed in the central kitchen of the Center hospitalier de Roanne (Loire), who also obtained a favorable judgment from the same body on Friday, was received at midday by the management of the human resources of his establishment who announced to him "
a resumption of activity next Monday
", added Me Bénagès, who also defends him.
The lawyer for the three applicants added "to
ignore the reason for this difference in treatment on the part of these two hospitals which have a common management
".
Read alsoCNN lays off three employees for coming to work without being vaccinated
Contacted by AFP, the management of the CHU of Saint-Etienne was unable to comment on the situation of these agents, specifying that they had initiated "
an appeal
" before the Council of State.
The three agents believe that they are not affected by the vaccination obligation made to nursing staff, because they work in the kitchens of their establishment.
Given the location of the central kitchen of the CHU de Saint-Etienne and the Center hospitalier de Roanne where they work, the court considered that it was in the presence of elements "
likely to give rise to serious doubt as to the legality of the decision in dispute
”.
