2023-05-10 22:10:00
On May 3, the Labor Court of Nancy ordered the immediate reinstatement with salary reminder of a suspended person. For the first time, a court decision recognizes that asking an agent if he was vaccinated constituted a breach of medical secrecy.
Me Nancy Risacher is a lawyer at Epinal. Very active in the defense of fundamental freedoms, she assists many suspended caregivers and assimilated personnel in court.
“No triumphalism, but it restores a little faith in justice”
The client of Me Nancy Risacher, a laundry worker in an nursing home, won her case before the Nancy Labor Court. Suspended from her duties since September 27, 2021, her employer must now pay her all of her salaries not received since that date. According to this judgment, the latter also breached medical secrecy when he asked her if she was vaccinated.
In this case, the employer was also ordered to cover the legal fees of Me Risacher’s client. He will have to pay him €2,000 under “article 700”. But for Me Risacher, “no triumphalism”. You must first win to see your procedural costs reimbursed by the opposing party. And on the other hand, the lawyer expects this decision to be subject to an appeal, “but it restores a little faith in justice”, she confides to us.
However, at a time when the reinstatement of suspended staff is being discussed in Parliament, it is observed that it is the courts that settle the question of salaries. Indeed, the issue of compensation for suspended staff is not addressed in the bill for the moment. We can predict that it is the suspended individuals who, individually, will have to take legal action to obtain financial compensation.
A difference in treatment between public agents and private agents is likely to be felt.
The Administrative Court of Appeal of Nancy refused to transmit a priority question of constitutionality concerning wages
The recall of wages is allowed by the Conseil de prud’hommes of Nancy. The Administrative Court of Appeal of the same city has taken more precautions on the subject for the moment.
Indeed, Me Risacher and Me David Guyon asked a priority question of constitutionality to this administrative court in March 2022. The two lawyers wanted to know if a suspension without remuneration to eternal life was a sanction in accordance with our constitution.
The Administrative Court of Appeal simply refused to refer the question to the Council of State on the grounds that the legislator is master of public health policy. She therefore did not really answer the question posed to her, namely, can suspended persons remain without pay forever?
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