“A first in France”
.
A caregiver who has not been vaccinated against Covid-19 will be reinstated at the Institut Curie where she worked, her lawyer announced on Twitter Thursday, December 1.
This is a provisional decision of the Paris Court of Appeal, pending the case being judged on the merits, specifies lawyer Me Tarek Koraitem.
"It's historic!
The Paris Court of Appeal refuses to suspend the payment of salary arrears and the reinstatement of a non-vaccinated nurse.
My client is the first non-vaccinated caregiver in France to be reinstated without a court of appeal judging the contrary”
, jubilant the council on its Twitter account.
The merits of the case judged in several months
Her client, a sophrologist who had worked for more than thirty years at the Institut Curie, a French center for research and the fight against cancer, had been suspended in September 2021. However, she remained an employee of the center and therefore could not practice elsewhere. , according to information from France 3 Île-de-France.
The carer had decided to challenge her suspension before the Paris Labor Court.
The judge ruled in her favor on June 9, 2022, considering that her employer had acted
“arbitrarily”,
and demanded that the Institut Curie reinstate the sophrologist and even pay her back wages.
“The employer should have found a solution for this employee.
Another position, telecommuting or any other solution
“, said Me Tarek Koraitem, interviewed by France 3.
The establishment having appealed, the case therefore ended up before the Paris Court of Appeal which rendered its decision this Thursday, December 1, thus confirming that of the Labor Court.
The magistrate ruled in particular that the first judge had engaged
"in a concrete and factual assessment of the conditions in which the decision to suspend the employment contract
was made" and therefore rejected
"the request for a stoppage of the provisional execution “
, is it indicated in the rendering of the decision.
The judge, however, specifies that he does not rule
"on the merits of the case"
.
The Court of Appeal will, in fact, have to look into the conditions of the suspension of the caregiver in the coming months.
Waiting,
“This unprecedented ordinance will be able to serve all private sector employees in the same situation.
This victory is at the service of the thousands of caregivers suspended in this situation”
, still welcomed the lawyer on Twitter.
SEE ALSO
- Exclusion of unvaccinated caregivers: "The vaccine does not protect against transmission, so the scientific argument no longer holds," says Dr. Kierzek
Read alsoIn the Assembly, the Macron camp plays “obstruction” to block the reintegration of non-vaccinated caregivers
The subject is currently being debated in France and several political groups, but also certain caregivers, are putting pressure on the government so that caregivers who have not been vaccinated against Covid-19 are reinstated.
Insubordinate France even submitted a bill last Thursday in favor of the reintegration of non-vaccinated caregivers.
In response, the deputies of the presidential majority have multiplied the amendments to slow down the debates so that the text is not put to the vote.
