2023-05-26 19:48:33
“Hat trick”* for Maitre Bessy and three suspended caregivers. As part of the procedures aimed at the vaccination obligation of caregivers, Me Bessy of the Chambery bar, has just obtained a favorable decision dated May 19, 2023 for three caregivers suspended before the CPH (Prud’hommes) of Marmande.
This is a first decision on the merits after a two-year long legal procedure. The magistrate respecting the hierarchy of legal standards ruled that the suspension decision of August 5, 2021 was not legal. It therefore pronounced the cancellation of this decision with the reinstatement of the three people and above all the payment of remuneration from September 2021. This decision confirms the decision obtained by Me Risacher in Nancy.
For the three clients of Me Bessy, the time was long and complicated since one of the people had to return to live with his mother and show solidarity in the face of a substantial loss of remuneration.
Me Bessy declares with satisfaction “we must not let go”, “this decision was not expected”. She adds that under Article 700 (in compensation for legal costs), 3,000 euros were awarded for each plaintiff. Such an article 700 is “never seen” for Me Bessy.
A binding decision, which can still be appealed within a month. Me Bessy hopes that it will set a precedent. It is sure to attract the attention of many suspended individuals and their lawyers.
The redacted decision of one of the caregivers is made available.
* in football, the “hat trick” is the hat trick – the same player scoring three goals during a match – here Me Bessy made the hat trick by having cancellation of the decision, the reinstatement people and the remuneration
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