a lawyer from the Court of Appeal dismissed for “professional insufficiency”

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The administrative court of appeal of Versailles rejected the request of a former “ assistant lawyer » of the Court of Appeal of Versailles (Yvelines) which contested the legality of his dismissal for “professional insufficiency” in November 2019, we learned from a judicial source.

The applicant – who had already been dismissed at first instance, in December 2021, by the Versailles administrative court – nevertheless maintained that her hierarchy had committed a “manifest error of assessment” and a “misuse of power”.

€10,000 for “financial and moral damage”

She thus requested nearly €10,000 in compensation from the Ministry of Justice for her “financial and moral damage” and €5,000 extra for his legal fees.

“Ms.^is September 2017 to July 31, 2018, then to the Court of Appeal of Versailles from 1^is September 2018 to August 31, 2021″, therefore begins by recontextualizing the administrative court of appeal of Versailles.

“By a decree dated November 18, 2019, the […] Minister of Justice pronounced his dismissal for professional inadequacy. »

But knowing that “the dismissal for professional inadequacy of a public official cannot be justified […] on a occasional deficiency in the exercise of his duties”, the court also recalls, “an evaluation relating to the manner in which the agent carried out his duties for a sufficient period” was carried out. She […] was likely to legally justify his dismissal. »

A work appreciated by magistrates, according to her

In this case, in this case, “if Ms. oversights were also necessary”, noted the administrative court of appeal of Versailles.

“Ms. X, who benefited from two days of training […] on the methodology for drafting judgments, was assigned to a new chamber in March 2019, following its difficulties, in order to allow it to rediscover a dispute already dealt with during its assignment to the high court”, recalled the administrative judges.

“Very average” work

“Despite this new assignment, it appears […] email […] from the president of the latter chamber that, if his work did not make the continuation of his contract impossible, it was nevertheless“very average”“and not up to the level of that rendered by certain judicial assistants”, further noted the administrative court of appeal of Versailles.

The applicant had, however, been “recruited as an assistant lawyer, category A contractual agent [les cadres de la fonction publique, N.D.L.R.] whose mission is to assist magistrates in cases of particular technicality”.

His annual appraisal interview report for the year 2018 also judged his “quality of written expression”, his “ability to invest in his duties”, his “sense of public service” as “insufficient”. and his “professional commitment”. His dismissal was therefore legal.

/GF (PressPepper)

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