La Hague: former CAPP employees who challenged their dismissal rejected by the courts

The administrative tribunal of Caen followed the opinion of the public rapporteur in rejecting the appeal of 34 former employees of the Ateliers de construction du petit parc (ACPP) of Beaumont-Hague, who challenged the company’s collective dismissal plan.

As a reminder, the applicants demanded the annulment of the approval, last June, of the job protection plan (PSE) of the Manchoise boilermaking.

“Work experience”

This PSE was decided after the serious financial difficulties experienced by the Manoir Industries group, of which ACPP is a subsidiary. A PES which had led to 57 layoffs, while 162 jobs had been taken over by the company Fives Nordon.

One of the central points of the procedure was linked to the criteria determining the order of dismissals. An evaluation system had been put in place with particular reference to the“Work experience” employees. A concept too vague for the protesters.

But this argument did not convince the judges. The latter considered that this experience accumulated in the same position, “defined by the tasks it involves and the skills it requires, is an element of assessment which can be validly retained” to judge professional qualities.

Also, the court did not see any irregularity in the information sheet which had been sent to employees within the framework of the PSE. A file which should also allow “the updating of personnel files”.

“The applicants cannot seriously maintain that the possible pregnancy situation (which was mentioned in the file) of an employee would constitute a new order criterion”, wrote the judges.

No shortfall in reclassification

The applicants also considered that the administration had not checked the implementation of the employees’ right to the portability of health cost guarantees. However, the administrative authority “was not required” to carry out this verification.

As to internal reclassification, deemed “insufficient” by the applicants, the judges recalled that the receiver had searched throughout the Manoir group, within companies “which are themselves the subject of collective proceedings with plans for dismissal”.

On June 3, however, Manoir Industries had informed the liquidators thatabout ten positions were to be filled in his company in Pîtres, in the Eure region.

A factor “irrelevant” for the judges, according to whom the contested decision, “whose legality is assessed on the date on which it was taken, ie June 4, 2021. A date on which the PSE could not include a plan internal reclassification integrating these job offers ”.

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