Justice cancels the sanction against a labor inspector

Two and a half years after being sanctioned by his hierarchy, a labor inspector has just obtained compensation in court. The administrative court of Nancy canceled, Thursday, October 20, the decision of “automatic displacement” which had been taken in 2020 against Anthony Smith. The magistrates considered that the measure was “disproportionate to the seriousness of the faults committed”. The judgment comes in a conflict that had caused a stir at the Ministry of Labor and sparked an intense mobilization campaign in favor of the official.

In the administration where he works, Anthony Smith is a well-known figure. For several years, he was responsible for the CGT-Travail-emploi-vocational training union. The facts of which he is accused date back to the beginning of the health crisis. His superiors then accused him of having “deliberately, seriously and repeatedly disregarded the instructions” which had been given to labor inspectors during the Covid-19 epidemic.

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One of the main grievances related to the way in which he had intervened with Aradopa, a major home help association based in Reims (Marne) – the city where Mr. Smith was stationed at the time. The control officer had repeatedly approached the management of this structure to protect his employees against the risk of infection by the coronavirus. In particular, he demanded that employees be given protective masks. “type FFP2 or FFP3”which was considered contrary to “the national health doctrine”since such equipment was reserved for caregivers and was not justified for Aradopa staff.

strong emotion

In mid-April 2020, the General Directorate of Labor (DGT) had suspended Mr. Smith by making his decision known by a very harsh press release: the “actions” of this official “harm the action of the labor inspection system, its effectiveness and the spirit that must animate it in this period of crisis”, she argued. Disciplinary proceedings had been initiated, leading, in August of the same year, to an automatic transfer to Seine-et-Marne, some 200 kilometers from Mr. Smith’s home.

The case had created a strong emotion. Five labor ministry unions (CGT, CNT, FO, FSU, SUD) had denounced a “mad act of repression” with regard to an agent guilty of not having “does only his duty”. A support committee had been set up, under the leadership of Thomas Portes, now deputy La France insoumise (LFI) for Seine-Saint-Denis. Many personalities from various backgrounds expressed their solidarity: Jean-Luc Mélenchon, the leader of LFI; Philippe Martinez, the leader of the CGT, as well as one of his predecessors, Bernard Thibault; filmmaker Jean-Louis Comolli; the athlete Yohann Diniz…

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