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Has the New York Supreme Court ordered reinstatement and compensation for all unvaccinated caregivers? – Liberation

Nicolas Dupont-Aignan has welcomed a court decision that returns, according to him, to the dismissal of caregivers not vaccinated against Covid-19, in the American metropolis.

“At a time when the New York State Supreme Court requires the reintegration and compensation of all unvaccinated caregivers, Emmanuel Macron dares to complain about the lack of doctors by refusing to reintegrate thousands of people”the president of the micro-party Debout la France wrote on Twitter on 27 October.

For some days, internet users opposed to the anti-Covid vaccination have spread this news that would officially question, according to them, the relevance of the vaccination obligation for caregivers.. “Great news for [Etats-Unis]the New York Supreme Court reinstates all unvaccinated suspended personnel [et ordonne le] “Recovery of unpaid wages because the vaccine does not prevent an individual from contracting or transmitting the virus” “Corinne Reverbel rejoiced on Twitter.

On October 24, Ralph Porzio, a judge of the New York State Supreme Court, pronounced de facto for the reintegration and compensation of workers made redundant, in 2021, for not agreeing to be vaccinated against Covid-19. However, the case does not concern health workers, as claimed by Nicolas Dupont-Aignan, but 16 municipal maintenance workers.

The Supreme Court judge held in the decision, that was their exclusion “arbitrary”. Ralph Porzio specifically challenges the decision of the New York mayor to grant differential treatment to employees in the private sector and certain professions regarding the obligation to be vaccinated: “There is nothing in the file that justifies maintaining a vaccination obligation for public sector employees and canceling that obligation for private sector employees, nor creating an exception for some professions, such as artists, athletes or artists “writes Ralph Porzio.

The magistrate also stated this “The vaccine did not prevent contamination”. It was unfair, he said, to sanction the officers they simply had “Chosen not to protect themselves”. But specify a little more that he “This is not a comment on the effectiveness of vaccination, but on how we treat our first responders.”

If Chad LaVeglia, the former employee attorney believes, in a note posted on his blogthat the decision could eventually allow the reinstatement of all suspended ones, he clarifies “The court order on reinstatement and retroactive payment applies only to plaintiffs”.

“Despite what the city says or does, the vaccination obligation is legally dead”, welcomes the same. Perhaps a bit quickly, because the case is not yet closed: the city of New York has announced that it has appealed the decision.

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