The man was fired for arriving at his workplace after being tested but without his positive result, which was revealed to him too late.
The prud’hommes of Mulhouse (Haut-Rhin) agreed on Monday to an employee who had been dismissed in the summer of 2020 after having tested positive for Covid-19: this dismissal was recognized as being devoid of real and serious causes , we learned from his lawyer.
This employee of the local HLM office had returned from vacation slightly ill in July 2020. He had gone for a Covid test in the morning before going to work. But the result of his test, which arrived in the evening, was positive. His employer had criticized him for returning to his workplace after this test and for endangering his colleagues. He had been fired for serious misconduct.
Read alsoCovid-19: the Omicron wave is sweeping over China
Believing that his dismissal was unjustified, this claims manager then seized the industrial tribunal to request the nullity of this decision and seek compensation. “Our request was accepted by the prud’hommes, who consider that the dismissal of my client is devoid of real and serious causes“, declared Me Stéphane Thomann, the lawyer of the forties employee. “This is therefore an unjustified dismissal.“The industrial tribunals have identified factual elements which do not allow the conclusion that Sébastien Klem would have breached any obligation or safety rule by going to work.
SEE ALSO – Covid, bronchiolitis: follow the Minister of Health’s press conference live
«My client did not present at that time (the day he returned to work, editor’s note) any of the symptoms listed in a case of Covid. He had the honesty to call his employer in the evening, after receiving the result of a test he had taken that morning“, specified the lawyer. The HLM office will have one month to appeal this decision when it has been published.