“Kept precarious”, then fired, the host takes this Hauts-de-Seine town to court

See my news
Follow Paris News

A disappointment after multiple contracts and legal action. The administrative court of Cergy-Pontoise rejected the request of a former youth service facilitator of Colombes (Hauts-de-Seine) who claimed 28,000 euros from the municipality in compensation for the damage he suffered as a result of his “unfair dismissal”.

An inconclusive trial period

Steve He was then able to benefit from several fixed-term contracts to be territorial animation assistant. A one-year contract, taking effect on April 1, 2014, finally entrusted him with the missions of facilitator of accountability actions in the youth animation service.

The mayor of Colombes then carried out his dismissal at the end of the trial period stipulated in this last contract on June 30, 2014. The administrative court of Cergy-Pontoise annulled this decision “for formal defects” in 2017, which pushed the person concerned to seize the court again to be this time compensated of his “prejudices”. He believed that he should have been offered a permanent contract in the civil service, given his previous service.

The transformation of his contract into a permanent contract is necessarily proposed to the contractual agent. This “right” is simply subordinated to a length of effective service […] at least equal to six years during the eight years preceding the publication of this law.

“If the intervention of an illegal decision can constitute an error capable of incurring the responsibility of the public community, it cannot give rise to compensation if, in the case of a regular procedure, the same decision could legally have been taken”, however, remind this time the Cergy-Pontaine judges in a judgment of September 19, 2024, which has just been made public.

Insufficient number of hours

In this case, “MX justifies having been recruited by the municipality through numerous contracts between October 2005 and July 2013, the magistrates agree. However, their cumulative duration of 5,532 hours is less than six years full time during the eight years preceding March 12, 2012. [date d’adoption de la loi]. »

“By providing a trial period of three months […]even though he had already worked in his services since 2005, and even though these were different functions, the municipality of Colombes did not did not make an error of lawdeduces the administrative court of Cergy-Pontoise. If MX maintains that the decision was motivated solely by the desire to keep him precarious, he does not establish this. »

The applicant had until November 19, 2024 to appeal the judgment.

/ED (PressPepper)

Follow all the news from your favorite cities and media by subscribing to Mon Actu.