It's an unusual story that the Toulon administrative court looked into a few weeks ago: that of an agent from the Toulon town hall who shared her passion for clairvoyance with people around her and visitors to different specialist fairs.
It took him badly since his employer pronounced his dismissal in February 2022. At issue: not the purpose of this extra work, but the fact that this parallel activity constituted, according to him, a “ accumulation of unauthorized and undeclared lucrative private activity ».
After hearing about these activities – particularly via social networks – the municipality mandated, in September 2021, a bailiff to note the presence of the agent at the Six-Fours well-being fair.
Around 11,000 euros received
At the beginning of 2022, this 2nd class principal administrative assistant was summoned before a disciplinary council and finally saw her dismissal pronounced at the end of February of the same year. A few weeks later, the community issued an enforceable title in order to recover some 11,000 euros that the agent allegedly received unduly.
It is on this aspect of the case that the Toulon administrative court was called upon to rule. He rendered a decision on October 4.
“This claim was completely unfounded,” castigates Me Patrick Gaumin, who defended the former civil servant. The lawyer also deplores the decision of the City of Toulon to dismiss his client.
“Certainly, a civil servant is prohibited from having any other activity (unless authorized). However, my client was a medium in her spare time. It wasn't a job at all. She has always been honest in her work! Today, she finds herself unemployed with her child. »
But the court did not hear the various procedural elements raised by the ex-agent and confirmed the obligation to reimburse the salaries received. He also rejected the conclusions of the municipality which demanded payment of its legal costs.
The City did not wish to react. No appeal has been made in this case.
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