ER Editor: Good news at last for 3 French healthcare workers (plus another one discussed below) who have just been reinstated with backpay for refusing the (almost) mandatory genetic injection, and a legal ruling that may set a precedent for others: the govt position of suspending healthcare workers as of August 2021 was ruled ILLEGAL.
Macron infamously went after healthcare workers with mandatory jabs starting in July of 2021, so this has been a very long haul for these three, plus thousands of others who are still not reinstated. France is behind every other country in not reinstating its healthcare workers, and French justice doesn’t move fast (unless you’re a Yellow Vest that the government wanted prosecuting in record time). Hardly a surprise. ‘Me’ in France means ‘maitre’ or ‘lawyer’.
Another French lawyer recently got a favourable decision on behalf of one client (linked to below). A nursing home worker got reinstated with pay after refusing the shot on the grounds that requiring it violated medical privacy. She was suspended in September 2021. As the article makes clear, despite parliamentarians debating this topic, it is up to individual care workers to pursue justice for themselves in court. No law has yet been passed dealing with this injustice. The unconstitutionality of this situation has still not been addressed. In this particular case, the worker got backpay, but the entire principal of reimbursing suspended healthcare workers was not addressed here.
News site France Soir tweeted about this most recent ruling:
Translation: Alert Info Full marks for Me Bessy and three caregivers suspended – a first :
👉 reinstatement of the person
👉 wage arrears to Sept. 15, 2021
👉and 3,000 euros in article 700 compensation for costs justice⚖️
🚨 Alerte Info Carton plein pour Me Bessy et trois soignantes suspendues – une première :
👉réintégration de la personne
👉 arriérés de rémunération au 15 sept 2021
👉et 3000 euros d’article 700 en compensation des frais de justice⚖️https://t.co/8SEhcLYJBe
— France-Soir (@france_soir) May 26, 2023
Full marks for three suspended nurses: decision overturned and reinstatement with back pay
“Hat trick “* for Maitre Bessy and three suspended nurses.
In the context of proceedings concerning compulsory vaccinations for healthcare workers, Me Bessy of the Chambery bar has just obtained a favorable decision dated May 19, 2023 for three healthcare workers suspended before the Marmande CPH (Prud’hommes – ER: tribunal).
This is the first decision on the merits after two years of legal proceedings. Respecting the hierarchy of legal norms, the magistrate ruled that the suspension decision of August 5, 2021 was not legal. He therefore annulled the decision, reinstating the three employees and, above all, ordering payment of their salaries from September 2021. This ruling confirms the judgement obtained by Me Risacher in Nancy.
For Me Bessy’s three clients, it was a long and complicated process, as one of them had to move back in with her mother and, faced with a substantial loss of earnings, called on solidarity.
Me Bessy declares with satisfaction that “we must not give up”, “this decision was not expected”. She adds that each plaintiff has been awarded 3,000 euros under Article 700 (compensation for legal costs). Such an article 700 is “unprecedented” for Me Bessy.
An enforceable decision, which can still be appealed within a month, Me Bessy hopes it will set a precedent. It is sure to attract the attention of many suspended employees and their lawyers.
The redacted decision of one of the caregivers has been made available.
* in football, the “hat trick” is where the same player scores three goals during a match – here Me Bessy made the hat trick by having the ruling annulled, and the workers reinstated and remunerated.
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