On sick leave, the children’s “accompanying driver” worked for the department of Seine-Saint-Denis

End of the judicial shuttle. There administrative court of appeal of Paris rejected the appeal of a former “driver-accompanist” of children on behalf of the “shuttle” of the town of Épinay-sur-Seine (Seine-Saint-Denis), who worked in parallel for the departmental council when he was supposed to be on sick leave.

Spotted, he contests and denounces “moral harassment”

After an accident “recognized as attributable to the service”, this civil servant in office since 2006 was placed on long-term sick leave between 2012 and 2019. But, for seven years, between 2011 and 2018, the man had “another activity of child escort on behalf of the department of Seine-Saint-Denis”, reports the Paris Administrative Court of Appeal in a judgment dated February 14, 2024, which has just been made public.

The town of Épinay-sur-Seine immediately suspended him from his duties for four months, before the mayor (centrist), Hervé Chevreau, dismissed him on March 6, 2020. The person concerned then appealed to the administrative court of Montreuil to have this decision annulled and to be awarded 95,000 euros “in compensation for the damage suffered due to the illegality of the decision (…) and the moral harassment to which he was subjected”.

The court rejected his request in March 2023, recalling that this “activity allowed him to receive 1,228 euros net per month, i.e. to double your salarywhich was 1,400 euros per month according to his own writings.

The driver turned to the Paris Administrative Court of Appeal: he maintained that the sanction he received was “disproportionate”. He claimed, in passing, an additional 2,500 euros to cover his legal costs.

A proven “combination of activities”

The court, however, confirms that the person concerned received, between November 2012 and April 2019, nearly 118,000 euros from the department of Seine-Saint-Denis, while he continued, at the same time, to receive “his entire treatment by the municipality. He also had “ refused the various possibilities of reclassification which had been proposed to him, particularly in administrative services, in view of the restrictions recommended by the occupational physician.”

This “accumulation of activities”, which is carried out “in the absence of a request for authorization” from one’s hierarchy, “constitutes a serious breach of the obligation of probity“, therefore decides the Paris administrative court of appeal.

“In these conditions, the sanction of dismissal imposed is not disproportionate, even in the absence of antecedents, and notwithstanding the circumstance, assuming it were proven, that the applicant would have been psychologically unable to resume an activity within the commune of Épinay-sur-Seine,” she concludes.

The revocation of the person concerned has been confirmed, he will also have to pay 800 euros to the municipality of Épinay-sur-Seine to cover his legal costs.

/MJ (PressPepper)

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