This Wednesday, May 6, the lawyers filed an interim order before the court. They denounce the impossibility for the employees to correctly access the industrial tribunal of Nîmes and an infringement of fundamental rights.
Three Nîmes lawyers have just launched an interim proceeding to request the opening of the Nîmes industrial tribunal. This Wednesday, May 6, it was before the Nîmes court that lawyers pleaded the case of an employee “who is on the brink of the abyss” to denounce a situation that has set in against the background of Coronavirus and reduction activity of the judicial world. The three lawyers believe in essence that the industrial tribunal should deal with urgent cases and maintain a minimum of activity as is the case in other courts in the sector (criminal and civil cases).
Mes Soulier, Privat and Autric indicated this afternoon that the industrial tribunal had not maintained any activity and that this constituted in substance a very serious infringement of fundamental constitutional rights in particular. “We don’t even have a minimum service, we have zero,” lamented Jérôme Privat in his argument. Same indignation for Eve Soulier who speaks for an employee who worked for a cleaning company whose cleaning market was taken over by another company. This person launched a procedure several months ago but finds himself confronted with a labor tribunal “who drew the curtains”, said Mr. Soulier in his pleadings before the president responsible for summary proceedings at the court. The lawyer relies on government orders regarding the functioning of the courts against the background of the Coronavirus pandemic (Covid 19). Thus “this appeal is justified by the non-compliance with the order guaranteeing minimal and effective access for the defendant in times of health crisis”. For the lawyer, “the industrial tribunal of Nîmes no longer provides the reduced service preserving the access of the litigant to the law and to the judge”. Concretely, the lawyers of the cleaning lady, also defended by the CGT, ask that the industrial tribunal resume “an activity in conformity with the ordinances of March 25, 2020”. They also support the holding of hearings in a modified or restricted form. The three lawyers also complained that they were not kept informed “of the dates for the referral of cases and the dates for the hearings”. Beyond the case of this lady, the summary relates to a problem of principle and the right to assert her rights at the end of a fair trial. It is a principle enshrined in French law and European law to which. “We are on the ground of fundamental rights. The dysfunction which is particularly important. We do not respect the minimum, we have no date of dismissal and the requests are filed through a banner,” stormed Me Privat. Still during the pleadings, the lady’s counsel added that “the proceedings ended on the ground in a corridor without being able to preserve confidentiality or obtain the stamp of the jurisdiction on the first page of the procedure (to guarantee their proper registration, note) .
Avocados reassembled like clocks
According to them, it is now impossible to access the industrial tribunal. It is the court which arbitrates conflicts in the world of work between employees and employers. It is made up of both bosses and employees. “The attacks are indeed multiple and characterized in the following way, estimates the summary:” total closure of the CPH of Nîmes and not access to the registry by the parties or representatives either physically or by phone. Not holding hearings (…) or no restricted training is set up since no hearing is set up except the summary hearing “. Concretely, the applicants claim the opening of the industrial tribunal as a matter of urgency, the State should be sentenced to 1000 euros a day on duty.
After listening at length to the lawyers, the president told the lawyers, “I guess you want a quick decision.” The judicial court has reserved its decision until May 15.
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