Brittany: two unvaccinated caregivers win in court against their hospital

Is this a decision that could set a precedent? As reported France Blue, two caregivers who had been suspended after refusing to be vaccinated (therefore without a health pass) received the support of the justice system. The two caregivers of the Lannion hospital (Côtes-d’Armor) had been suspended, and at the same time, deprived of their salary. Contesting this suspension with the court of Rennes, they saw justice prove them right in two ordinances of November 25.

In these, the magistrate wished to recall that the two caregivers had been placed on sick leave, and therefore were within their rights. “Sick leave is a right for the public official when he fulfills the conditions,” she describes. If they shouldn’t get their jobs back until they’re vaccinated, they could quickly get paid again.

>> To read also – Strasbourg: the suspension of two unvaccinated caregivers confirmed by justice

Several caregivers already rejected

Last October, a 49-year-old pediatric secretary brought proceedings against the Groupement Hospitalier Nord Essonne (GHNE) in court after the suspension of her employment contract. She wanted by this legal action to break the suspension of this famous contract, to work again and to recover her salary. But his appeal was dismissed in court the next day by the judge of the administrative court of Versailles. The judge considered that she had “placed herself in the emergency situation that she invokes” since the law on compulsory vaccination for hospital staff “gave a period of several weeks”.

In September, two unvaccinated caregivers, and suspended, had also been dismissed by the courts in the Haut-Rhin. Their lawyer had deplored the fact “of not being heard”. More incredible this time, at the end of October, a nurse from the Lyon region was invited to receive a work medal. Problem, she was suspended since September 15 for lack of vaccination. She had decided to participate to plead her case.