Brutally ousted by Patrick Balkany, the host convicted of identity theft is fighting back in court

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The administrative court of Cergy-Pontoise dismissed a former temporary host of the town of Levallois-Perret (Hauts-de-Seine) which demanded nearly 20,000 euros in compensation from the community for having “brutally” evicted him after a criminal conviction for “identity theft”.

The mayor (LR) at the time, Patrick Balkany, had however “committed a mistake” by employing him as a “partner” in 2017 when it was a question of responding to a “permanent need” of the municipality, considered the applicant.

“Troubles in his living conditions”

The “public law contract” from which Elvis reclassification” in the event of termination of his or her job. This last item of damage alone was estimated at “10,000 euros”. The “sudden cessation of all remuneration” had in any case caused “troubles in living conditions”, which should be compensated to the tune of “3,000 euros”, she calculated.

“MX was recruited on February 10, 2014 for one year under cover of a employment support contract (CAE) as facilitator renewed twice, begins by recalling the administrative court of Cergy-Pontoise in a judgment dated September 19, 2024, which has just been made public. He was subsequently recruited as a temporary worker from May 2 to October 6, 2017.”

“And […] temporary worker is entitled to the reclassification of his contract as a non-permanent agent contract if he has continuously held a permanent job, he adds. The existence of the permanent nature of a job must be assessed with regard to the nature of the need which this job meets, and cannot result solely from the duration during which it was held. »

However, “if MX was employed continuously from February 10, 2014 to February 9, 2017 (…) the contract renewed twice […] was an employment support contract, […] therefore a private law contract, observe the magistrates of Cergy-Pontoise. Furthermore, there was a termination of employment between the end of this contractual period and the first shift […] from May 2, 2017.”

Working hours “vary from one month to the next”

The applicant was then recruited this time as a “temporary animation assistant” as part of a “occasional and discontinuous collaboration» to “ensure the temporary replacement of an agent”, according to his letters of engagement. “The working hours proved to vary from one week and even from one month to the next,” notes the administrative court of Cergy-Pontoise. Elvis

“The circumstance, supposing it to be established, […] that his vacation period would have ended due to an entry in his criminal record following identity theft has no impact,” conclude the judges. The request was therefore rejected and the former host, who is now a self-employed deliveryman, has until November 19, 2024 to appeal this judgment before the administrative court of appeal of Versailles.

/GP (PressPepper)

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