Covid: an unvaccinated caregiver will return to her establishment and receive salary arrears

The Paris Court of Appeal has ordered the temporary reinstatement of a sophrologist at the Institut Curie, a cancer treatment center. The latter is not vaccinated.

“It’s historic!” Rejoices the lawyer for the reinstated caregiver this Thursday, December 1. Indeed, not vaccinated against Covid-19, she will find her place at the Institut Curie where she worked, according to her lawyer, who announced it on tweeter. The Paris Court of Appeal also refuses to suspend his salary arrears, specifies BFM TV.

\u2696\ufe0f This is history! The Paris Court of Appeal refuses to suspend the payment of salary arrears and the reinstatement of an unvaccinated nurse. My client is the first non-vaccinated caregiver in France to be reinstated without a Court of Appeal ruling otherwise. pic.twitter.com/1zDeMaBs5J

— Tarek Koraitem (@KoraitemLawyer) December 1, 2022

A first in France

This sophrologist had been working for around thirty years in the Parisian establishment specializing in the care of cancer patients. She challenges her suspension in September 2021 for non-vaccination before the Paris Labor Court. She remains an employee of the Institut Curie and cannot work elsewhere, according to information from France 3 Ile-de-France.

The carer had decided to challenge her suspension before the Paris Labor Court. The judge ruled in his favor on June 9, 2022, considering that his employer had acted in a manner arbitrary”, and demands that the Institut Curie reinstate the sophrologist and even that he pay her salary arrears, detail our colleagues.

The establishment appealed, and the Paris Court of Appeal rendered its decision on Thursday, December 1, confirming that of the Prud’hommes.

This is a provisional decision of the Paris Court of Appeal, pending the case being judged on the merits, specifies lawyer Me Tarek Koraitem.

As to whether to reinstate non-vaccinated caregivers, the debate divides in France. The Minister of Health, François Braun, indicated that he was waiting in particular for the opinion of the Haute Autorité Sanitaire and the Consultative Ethics Committee before deciding.


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