In the continuous flow of publications on the Web, the decree, dated January 18, 2024 and made public on the site www.dalloz.fr only a few days ago, could have gone unnoticed.
A municipal elected official from Pithiviers (Loiret), whose identity has not been revealed, appealed to the administrative court of Orléans to demand the
sine die
suspension of
his dismissal by the Loiret departmental council which employed him as an administrative agent – category C – at the Departmental Solidarity Agency (ADS), established in his town.
No driving license
Believing she was the victim of moral harassment, she was looking for a new assignment.
But, this mother, raising her children alone, rejected the three available positions in Orléans - corresponding "to her grade" - offered by her employer.
Not having a driving license, she felt that it would be difficult for her to make the 60 km journey between her home and the regional capital every day.
“However, there are other transport solutions, in particular a bus line which serves Orléans from Pithiviers during peak hours.
The department argued that, even if she did not have a driving license, this did not prevent her from accepting these positions,” says Maître Béguin, the lawyer for the departmental council.
Urgently seized, the administrative court of Orléans dismissed the plaintiff's case.
However, the matter continues its course.
Three judges in plenary session will examine this case again in the next two years.
If by chance the Orléans administrative court reverses this first order, it could initiate a new request against the department with a view to obtaining compensation.
Putting forward “solid legal arguments”, the department awaits the continuation of the procedure “with serenity”.