Four years and two industrial tribunal trials for a clementine

Years of proceedings and two industrial trials for a fruit. Friday, an employee of the Redoute, in Roubaix, won an appeal against his employer who had imposed a disciplinary sanction on him for having eaten a clementine at his workstation.

The facts go back a long way, in November 2017. At the time, Smaïl B already had 13 years of seniority at La Redoute. That day, he had taken up his job as order picker at 4.30am and was working normally when a “blackout” occurred. Prevented for a short time from carrying out his tasks, he took the opportunity to sit down and eat a piece of fruit while waiting for the regulatory break of 10am.

Reproach, report and layoff

When the incident had been repaired, Smaïl B had placed the clementine peels at his post and he had resumed work. But his manager then came by and reproached him for having eaten a piece of fruit at his post. Reproach which had led to a report and a disciplinary sanction: a day of layoff with pay deduction.

CGT union representative, the employee in question had contested this sanction before the Roubaix industrial tribunal in 2019. The court decision was then in favor of the employer. Smaïl B then appealed and it is this decision that 20 minutes was able to consult, which fell on Friday. The social chamber of the Douai Court of Appeal did not invalidate the facts alleged against the employee, who did not dispute them.

On the other hand, the court held that the sanction was “disproportionate in view of the facts with which it is accused”. The sanction was therefore canceled and the Redoubt will have to pay the employee “70.49 euros as a reminder of salary in addition to 7.04 euros for paid leave”. The employer will also have to pay him 1,500 euros to cover legal costs.