Suspended unvaccinated janitor wins court case, boss refuses to reinstate her

The industrial tribunal of Sète ruled in favor of Valérie Rolland, maintenance worker of a senior residence in Hérault suspended and deprived of salary for 9 months because not vaccinated against Covid. But her employer refuses to reinstate and compensate her and has appealed. The 2 parties had an appointment on June 27, 2022 before the execution judge, who reserved his decision on July 8.

Valérie Rolland, a maintenance worker not vaccinated against Covid, challenged before the industrial tribunal of Sète (Hérault) her suspension and her deprivation of wages for 9 months. And she won in summary. She should therefore have been reinstated on June 20, 2022 and compensated, but her employer refused. He appealed. The two parties found themselves once again in court on June 27.

Valérie Rolland works in a residence for seniors in Mèze, in the Thau basin, without contact with the residents. She does not understand her employer’s stubbornness:

I feel upset, lost and confused by this situation which affects people who do not accept to be vaccinated. […] We must know what we put in the body!

Valérie Rolland, maintenance worker not vaccinated and suspended

The employee does not declare herself to be antivax, she mentions an intolerance to certain drugs which made her chilly. His lawyer is waiting for the execution judge to enforce the judgment of the industrial tribunal:

I am waiting to enforce the law which prohibits the employer from pronouncing pecuniary sanctions against employees: even if there are appeals, Ms. Rolland must be reinstated in her duties and must receive her salary.

Maître Alexandra Soulier, lawyer for Valérie Rolland

For its part, the management of the company argues that the court decision is in contradiction with the law:

We have the law on the one hand, which says that the employer has the obligation to control the application of the vaccination pass in the company, and on the other, you have a decision of the industrial tribunal in summary proceedings which say something else!

Maître Sofiane Kechit, lawyer for the Réside Etudes Seniors group

In France, 3 non-vaccinated people have to date been reinstated in their jobs by court order. The case concerning Valérie Rolland was put under advisement on July 8, 2022.

As for the employer’s appeal, it will be studied on July 6 by the 1st president of the Court of Appeal. The date has not yet been set for the examination of the merits of the file.