The court’s decision should set a precedent. On June 16, 2022, Me Tarek Koraïtem won a second major victory in his ” combat » pour « respect for our fundamental freedoms “. A commitment he claims on his social networks.
The lawyer at the Versailles bar obtained a new reinstatement of a caregiver, suspended for having refused to receive the injection against Covid-19.
As a reminder, since September 15, all hospital staff and health professionals are obliged to be vaccinated to continue to exercise. Those who refused this disguised obligation are suspended, without salary or compensation.
Read also: “There was a break”: how do suspended caregivers live, four months later?
In recent weeks, he had already obtained the reinstatement of a hospital service agent and a nurse, who were suspended despite their sick leave. The courts then ruled that these health professionals do not “ could not be suspended without pay while on sick leave “, as Me Koraïtem explained during an interview for Sud Radio.
The specificity of this last victory is that his client, a nurse at the Institut Curie, is this time neither on leave nor on sick leave “. A victory ” unpublished “, according to the lawyer, who defended this file before the Council of Prud’hommes of Paris. The court ordered “ pure and simple cancellation “of the suspension and, in a second step, the immediate reinstatement” with retroactive effect and payment of salary arrears ».
According to the court decision, the employer did not seek to maintain the job or the salary of the nurse, who also practiced as a sophrologist, one day a week. She would not even have had the right to a telephone interview in order to seek a solution. The fact that she had a job other than that of nurse was decisive in the court decision: “ The Institut Curie does not establish that it has, at the very least, sought the possibilities of maintaining Mrs B.’s employment and, therefore, the salary, in particular by seeking assignment on occasional assignments within the health establishment, internal redeployment […] and/or setting up the maintenance of his activity as a sophrologist by any means. »
The institute invited its employee to a telephone meeting with human resources, eleven days after the decision to suspend Madame B. from her duties. Nevertheless, the institute then proposed to postpone this meeting without there being any follow-up: “ He was offered, in order to discuss the means of regularizing his situation, a telephone interview for September 28, 2021 at 11 a.m. with the Deputy Director of Human Resources. By a subsequent email dated September 28, 2021 at 10:28 a.m., the Institut Curie suggested that Madame B. postpone the telephone interview. No other document is paid for any effective maintenance “, Reports the court decision.
See also: “The sanitary pass suspended in the shopping centers of Yvelines and the North”.
A new victory, therefore, for lawyer Me Koraïtem. Well known to the legal fight against the introduction of health and vaccination passes, he had already, last August, put an end to the obligation to present a pass to enter shopping centers. He then relied on the ban on blocking access to basic necessities for consumers, with certain shopping centers hosting large retail chains.
Excerpt from the court decision.