This is an important court decision that could set a precedent. The administrative court of Dijon has indeed pronounced the cancellation of the suspension of a nurse from the hospital center of Joigny, in Yonne, for lack of vaccination against Covid-19, reports Actu.fr Wednesday, June 15.
The caregiver had been placed on sick leave on August 26, 2021, extended until June 18, 2022, due to a work accident which resulted in severe shoulder pain for the nurse. The latter was then suspended, like 15,000 other healthcare workers, on September 15, 2021, for lack of vaccination with Covid-19.
Faced with this situation, the court ruled that it was illegal to suspend a public official for failure to present proof of vaccination against Covid-19, since the latter can no longer perform his duties before the end. of his sick leave.
This decision is the joy of Tarek Koraitem, the plaintiff’s lawyer: “I say it very humbly, without false modesty, but it is a very important judgment because only one cancellation had been pronounced to date in France in this type of litigation.
The lawyer is all the more satisfied that the cancellation is retroactive. The nurse will therefore collect her salaries, her paid holidays, her pension rights, her bonuses, retroactively to the date of September 15, 2021, the effective date of her suspension.
A decision that could set a precedent
Maître Koraitem wants to be optimistic for the future: “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 requests for annulment filed across the country. “
This judgment could therefore have a snowball effect. According to Maître Koraitem, more than a hundred disputes of the same type are currently awaiting judgment in France.
This is the second time that a court has overturned the suspension of a nursing staff who was laid off for failing to vaccinate against Covid-19. Last March, the industrial tribunal of Alençon ordered the reinstatement of an unvaccinated nurse working in an Ehpad in Orne.
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