Justice dismisses a hospital employee who challenged the vaccine obligation

She challenged the suspension of her contract and the payment of her salary caused by her refusal to be vaccinated. Christelle C., an administrative assistant of the Nord-Essonne public hospital group was dismissed by the Versailles administrative court on Wednesday, October 13. She challenged the suspension pronounced at the end of September against her by her management, which accuses her of not respecting the vaccination obligation of hospital workers.

The appeal lodged with the summary administrative judge, which allows a ruling in a few days, was intended to lift the suspension, pending another decision, later, on the merits, explained the employee’s lawyer. , Me Rudyard Bessis, monday in Le Figaro. She justified the urgency of a court decision by suspending her salary, thus depriving her of an income to live on.

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Rejection of the QPC

But the judge argues in his order of rejection that the employee “Has placed itself in the emergency situation it invokes”, because the law on compulsory vaccination for hospital “Gave a delay of several weeks”. In addition, specifies the order, “The applicant does not invoke any contraindication to her state of health or, moreover, the slightest reason for which she neglected or refused to submit to the vaccination obligation”.

“The mere fact that the agent found himself deprived of his remuneration as a result of the decision in question does not [peut] sufficient, on its own, to justify the existence of an emergency ”, argue the court in a press release, “Whereas this loss of remuneration resulted directly and exclusively from the refusal of the agent to submit to the vaccine obligation against Covid-19 and the agent did not provide any reason for this refusal”.

This decision is “A denial of justice”, rebelled Me Bessis, considering that he “There is no motivation” from the judge, who “Validates a political decision”. His client “No longer has any income”, neither benefit nor unemployment, and a dependent child, “And we say there is no urgency to rule ! “, insisted the lawyer, engaged in several similar proceedings in France. “Who will be able to last two months, three months without pay?” Anybody. “

The summary judge rejects the priority question of constitutionality (QPC) raised by the lawyer, who considered that the law on the vaccination obligation was not in conformity with the Constitution.

At the beginning of the month, the regional health agency (ARS) of Ile-de-France recorded 0.7% of suspensions in the workforce of health and medico-social establishments in the region, or 1,400 people.

Thousands of suspensions have been served on health workers not vaccinated against Covid-19 since the entry into force of the vaccination obligation on September 15. Forced since then to justify at least one injection, the employees of hospitals and clinics, as well as liberal caregivers and ambulance attendants will also have from next Friday to certify an “Complete diagram”, under penalty of suspension of their employment contract, without remuneration.

Read also: At the hospital in Nîmes, with the last-minute vaccinated

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