Par Cedric Perrier
Published on Jun 15 22 at 6:46 PM
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The administrative court of Dijon pronounced the cancellation of the suspension of a nurse from the hospital center of Joigny, in Yonne, for lack of vaccination against Covid-19.
A capital judgment in the litigation which opposed an unvaccinated titular nurse and the hospital center of Joigny (89). It was pronounced by the administrative court of Dijon, Tuesday June 14, 2022, and could have a snowball effect…
“I say this very humbly, without false modesty, but this is a very important judgment because only one annulment had been pronounced to date in France in this type of litigation”
This judgment will set a precedent, especially since it is a retroactive cancellation. In other words, in court: the suspension is “reputed to have never existed”, which means the full reconstitution of the nurse’s career. Suspended since September 15, 2021, she will thus receive her salaries, her paid holidays, her pension rights, her bonuses, retroactively to the date of September 15.
Suspended while the nurse was off work
On sick leave since August 26, 2021, then extended until June 18, 2022, due to a work accident and severe shoulder pain, this nurse had been suspended, like many caregivers, on September 15. 2021, for lack of vaccination with Covid-19.
However, it is illegal to suspend a public official for failure to present proof of vaccination against Covid-19 when he can no longer perform his duties before the end of his sick leave.
This judgment is a nice revenge for Maître Koraitem, because the Dijon court had rejected his interim suspension in this case at the beginning of February on the grounds that there was no urgency and that the suspension decision did not seem illegal. “I am happy to see that the court has completely changed its mind four months later,” rejoices the lawyer at the Versailles bar.
An injunction against the hospital
“In this dispute, it is an appeal on the merits, judged in collegiate formation, that is to say with three judges. The average judgment time is 10 months. However, our request was judged in three months. It’s rare enough to be stressed. In addition, the administrative court of Dijon accepted, in addition to our request for cancellation, to issue an injunction within 15 days against the hospital. If he refuses, we will ask for a penalty payment of 100 euros per day”, welcomes the lawyer.
“The Joigny hospital center must comply with the judgment within 15 days.”
“This judgment is crucial because this cancellation, which was taken in collegial formation, is binding on everyone and the public authorities are obliged to comply with it, explains the lawyer. In summary suspension, the order is only provisional because the judge is alone and his power is more limited”.
Master Tarek Koraitem continues: “Even if the hospital center wanted to appeal, it would be the loser. Our colleagues will now be able to rely on this judgment. This decision will set a precedent for the motions for annulment filed on the merits. Paradoxically, this judgment is better than the decisions of the Council of State that we obtained on May 31. Indeed, contrary to the Council of State, the administrative court of Dijon pronounced the retroactive cancellation of the decision and not its simple suspension. Another thing, and this is not insignificant, the legal costs. On May 31, before the Council of State, two of our clients obtained 1,000 euros. In this litigation, the nurse obtains 1200 euros, that is to say more than before the Council of State. »
This judgment could therefore have a snowball effect. In the firm of Mr. Tarek Koraitem, there are a hundred similar disputes across the country awaiting trial. In France, there would be more than a thousand…
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