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Editorial Paris
Published on
Jan 4, 2025 at 6:16 p.m.
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The State Council has definitively disavowed a former webmaster of the Presses universitaire de France (PUF), in Paris, who demanded 138,000 euros in compensation from the State after the labor inspectorate had validated his dismissaleven though it was actually illegal.
Dismissed for “economic reasons”
The PUF – founded in 1921 in the 14th arrondissement of the capital and now called Humensis since their merger with Belin – had in fact requested authorization for the second time, on February 13, 2012, to “dismiss” Alban for “economic reasons”. X., union representative and “candidate for the elections of the single staff delegation”.
“The dismissal of staff representatives, who benefit in the interest of all the workers they represent from exceptional protection, can only take place with the authorization of the labor inspector on whom the establishment depends”, imposes in fact the Labor Code.
The labor inspectorate therefore authorized the PUF on March 27, 2012 to dismiss the union representative, who also complained of “homophobic remarks”. Alban X. subsequently won his case: his dismissal was deemed “illegal” by the Paris administrative court and he was reinstated. But, in the meantime, his position as webmaster had been eliminated, and the company had not sought to reclassify this former student in art history and Vietnamese who has “no diploma”.
Under these conditions, the man who had joined the PUF in 2011 as a simple switchboard operator and who had “no other professional experience, apart from that of a painter”, had filed a new appeal so that his former employer could be sentenced to pay him 138,000 euros in compensation. But it was successively disavowed by the Paris administrative court, then the Paris administrative court of appeal in March 2021 and June 2022. Alban X. therefore filed an appeal before the Council of State.
A “signed transactional protocol of 150,000 euros”
The Paris Administrative Court of Appeal noted that a “transactional protocol” had been signed between the parties, as part of the “judicial mediation” ordered by the social division of the Paris Court of Appeal. Humensis had agreed to pay “150,000 euros” to the applicant as “global, definitive and lump sum” compensation for “the three dismissals” that he had suffered in 2006, 2012 and 2015. This sum compensated “the entire professional, material and moral damage,” the agreement specified.
Alban The Paris Administrative Court of Appeal therefore did not commit any “error of law” nor “disregarded its office” by not implementing “its investigative powers” to “evaluate the damage that the protected employee would have suffered », Confirms the Council of State in a judgment dated October 29, 2024, which has just been made public.
“The court did not make an error of law in holding that the financial damage alleged by MX, which would result from his overindebtedness, was not distinct from his professional and moral damage,” adds the highest court of the French administrative order. This over-indebtedness “pre-existed” the decision of the labor inspectorate in 2012.
/CB (PressPepper)
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