By Editorial staff La Gazette de le Manche
Published on 23 Feb 21 at 16:30
Monday February 22, 2021, the mobile phone reconditioning company Remade at Poilley, near Avranches in La Manche, obtained by the Administrative Court of Appeal of Nantes the annulment of a judgment rendered against it, in a dispute related to the 202 redundancies announced in 2019.
As a reminder, at first instance, the administrative court of Caen had indeed canceled the approval, by the State services, of the “unilateral document” drawn up by the court administrators of this company in great difficulty.
Absenteeism as a referee
The Caen judges had criticized Remade for having retained the criterion of “unjustified absenteeism” to decide which employees would be affected in priority by this Job saving plan (PSE), while an evaluation system existed within the company.
Their decision was likely to have significant financial consequences for those concerned: it opened the right to “compensation which cannot be less than six months’ salary”, explained their lawyer, Mr. Thomas Hollande, who was originally involved. for around sixty dismissed employees.
An incomplete evaluation system
Should the company have favored its evaluation system to assess the professional qualities of employees likely to be made redundant? The Nantes judges did note that its use had been envisaged at the start of the preparation of the ESP. But that this system, based on interviews conducted from late 2018 to early 2019, suffered “from shortcomings and its incompleteness”.
The absence of a model “Objective and verifiable” was deplored during a meeting of the Social and Economic Committee (CSE) at the end of 2019.
Indeed, only 61% of the 337 employees of the company had been evaluated but certain socio-professional categories, concerned by the PSE, had not been. So much so that it was at the request of elected staff members themselves that it was decided not to use these evaluations.
For the judges, it was too complicated to set up interviews for the remaining employees (39%), “Taking into account chronological constraints in particular”, related to the reorganization and then liquidation proceedings initiated against Remade. As a result, due to the lack of an up-to-date evaluation system, the company was fully entitled to rely on the criterion of unjustified employee absenteeism.
In its judgment, the Nantes court also ruled out other breaches made by employees on the definition of professional categories or on the “Seriousness” the search for internal reclassification offers, and the means of financing the employment safeguard plan at group level.