“It’s historic!” the reinstated caregiver’s lawyer rejoiced on Twitter on Thursday. A sophroglosser who had been working for thirty years at the Institut Curie (Paris) -cancer research and treatment center- will finally be temporarily reinstated in the establishment. She had been fired in September 2021, for refusing to be vaccinated against Covid-19
The Labor Court had initially considered that the employer had acted arbitrarily by not finding any solution. The Institut Curie then appealed this decision and challenged the reinstatement of the sophrologist.
It is on this last point that the magistrate in charge of the case ruled this Thursday, confirming the return of the caregiver to the establishment. The decision was motivated by the fact that the suspension procedure was not respected.
“The first decision” of its kind in France
“The judge first made a concrete and factual assessment,” explained the Court of Appeals in its decision, “considers that the existence of a manifestly illegal disorder is characterized” and that “the existence of ‘a serious means of annulment of the reform does not is maintained (…) therefore the request for suspension of provisional execution is rejected.
The Paris Court of Appeal also demanded that the Institut Curie pay the salary arrears of this sophrologist. However, the current decision remains tentative pending trial on the remainder of the case.
“This is the first decision in France that considers that, despite the fact that there is still no final decision, my client must stay and continue working,” rejoices on our antenna Tarek Koraitem, lawyer for the provisionally reinstated unvaccinated. carer
He and his client are hopeful that this decision will be validated soon on the merits. Other employees of the Institut Curie, who were suspended, also challenged their suspension.
Source: BFM TV
