Par Julie Hurisse
Published on 29 Sep 22 at 6:00
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A caregiver from the mortuary chamber of a hospital in the Sarthe asked the administrative court of Nantes, this Wednesday, September 28, 2022to cancel the temporary exclusion from functions which he had been the subject of in June 2018 for his “gritty jokes”.
On April 10, 2018, Christophe had been suspended for three months and a six-month suspended suspension had also been imposed on him, if he repeated the offence.
“Demeaning or sexist remarks”
The case begins with the complaint of one of her colleagues, who had reported to the director of human resources (HRD) of the hospital the “numerous” “inappropriate”, “demeaning” or “sexist” comments she made. ‘object.
In addition to this “moral harassment”, this caregiver “felt physically threatened by his colleague.
“Precise and detailed elements”
Under these conditions, in view of these “precise” and “detailed” elements, the hospital “had no other choice” than to proceed first with a suspension of functions”, considers the public rapporteur.
This inhabitant of Le Mans – who was neither present nor represented by a lawyer, this Wednesday, at the hearing – “disputes the facts” of “moral harassment” and “non-compliant practices”, she specified.
“He didn’t want women in his service”
But “other testimonies corroborate the statements” of the caregiver at the origin of the procedure, noted the public rapporteur.
The nurse’s aide in the hospital’s mortuary room “did not want to see women arriving in his service”, in fact summed up the magistrate: he wanted to “restrict” his colleague “to women’s tasks”.
In his defense, the caregiver nevertheless produced “many glowing testimonials” agreed the public rapporteur.
But these testimonies “limit themselves to praising the Professional skills of the applicant and “never relate to his behavior in the presence of the caregiver” who had complained of his “moral harassment”.
A support petition
The “petition of support” which had turned in April 2018 does not find any credit in the eyes of the magistrate: the “seniority” of the applicant “allowed him to have a whole network of relations” within the ‘hospital.
“A union representative also came to see the nursing assistant to invite him to review his position”, noted the public rapporteur…
She therefore concluded rejection of the request of Christophe and that he pay €1,200 to his employer for his legal costs.
The administrative court of Nantes, which put its judgment under advisementwill make its decision in about a month.
*Name has been changed.
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