“upset” at not being able to launch her sophrology practice, she attacks the city

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Judicial disavowal for the territorial editor. THE administrative court de Cergy-Pontoise rejected the request of a civil servant from the town of Colombes (Hauts-de-Seine) who had been “upset” to have been refused part-time work to develop a new “professional project”.

A decision based on “the interest of the service”

This “territorial editor” – who was a “reclassification agent” within the city’s human resources department (HRD) – actually wanted to “open a sophrology office“. The refusal of her superior had therefore “upset” her, which constituted a “duty accident» at the origin of his work stoppage the next day, from his point of view. But the mayor (EE-LV) of Colombes, Patrick Chaimovitch, refused to recognize it as “attributable to the service”, which prevented the person concerned from receiving her full remuneration.

The Cergy-Pontoise administrative court ruled in his favor, starting by confirming that he was indeed legally “competent” to make this decision and that he had correctly “motivated” it. “The contested decision is explicitly based on the opinion of the medical committee, which specifies the reasons for the rejection of [l]at request”, consider the judges.

“If Ms. the court in a judgment dated October 2, 2024, which has just been made public.

No union blackmail

“The announcement of this decision constituted the confirmation of a previous announcement which had given rise to discussions with the person concerned,” he recalls. This does not support or even allege that this interview took place in forms exceeding the exercise of hierarchical power. »

“It does not appear from the file that the director of human resources and her assistant engaged in “union blackmail” during this interview, as the applicant claims in producing testimony […] of the union representative who accompanied him,” finally observes the court. The interview of November 3, 2021 “cannot be regarded as a sudden and violent event capable of being qualified as a service accident”, he deduces.

/ED (PressPepper)

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