It’s a first. The Paris Court of Appeal temporarily confirmed, this Thursday, the decision of the Labor Court which requested, on June 9, the reinstatement of an unvaccinated sophrologist at the Institut Curie where she is employed, as well as the payment of salary arrears.
“It’s historic! (…) This victory is at the service of the thousands of caregivers suspended in this situation”, welcomed his lawyer, master Tarek Koraitem, on Twitter.
The story dates back to September 2021, when compulsory vaccination was introduced for caregivers as part of the fight against Covid-19. This sophrologist, employed for thirty years in the Parisian establishment specializing in the care of cancer patients, was suspended because she refused to be vaccinated, reports France 3. But, remaining an employee of the Institut Curie, she could not practice elsewhere.
No final decision on the merits
The caregiver therefore subsequently challenged her suspension with the Paris Labor Court. This ruled, at the beginning of June, in favor of the employee. The judge considered that “his employment contract was suspended arbitrarily”, in particular because no solution had been offered to him. Under these conditions, the Institut Curie not only had to reinstate her, but also pay her back pay.
The healthcare establishment appealed against this decision and therefore did not, in the meantime, reinstate the sophrologist. It is only on this part that the Paris Court of Appeal ruled on Thursday. The substance – the conditions of the suspension – will be examined in the coming months, reports France 3. But, in the meantime, the Court of Appeal considered that the decision of the Prud’hommes to reinstate the caregiver and pay her arrears should be executed.
This means that the sophrologist will resume her position, at least temporarily, until the final decision is rendered by the Paris Court of Appeal on the suspension itself. “This unprecedented order will be able to serve all private sector employees in the same situation”, judged, still on Twitter, the lawyer for the caregiver. “It is the first decision in France which considers that, despite the fact that there is not yet a final decision, my client must stay put and continue to work”, he added on BFMTV this Saturday morning.
Contacted, the Institut Curie had not yet responded to our requests, in particular on the employee’s return date.