The Tribunal considers that the suspension of three agents of the CHU of Saint-Étienne and the Roanne Hospital is “likely to create serious doubt as to the legality of the decision in dispute”.
Le Monde with AFP
The Lyon Administrative Tribunal returned to the suspension of three non-vaccinated Loire Hospital Officers. Seizure in summary, the jurisdiction expressed a serious “doubt” on the legality of their sanction, were he learned from their lawyer, Monday, October 25th.
In his judgments rendered Friday, whose France-Presse agency (AFP) obtained a copy, the Tribunal felt that the CHU of Saint-Etienne and the Roanne Hospital could not suspend these agents, who dispute their sanction, as long as he did not examine their appeals. He therefore ordered the suspension of the contested sanction “until he was decided” on the merits of the case.
The three agents, two women and a man, consider not to be concerned by the immunization obligation made to the caregivers, working all within the kitchens of their hospital establishment.
Possibly illegal suspensions.
The immunization obligation against COVID-19 entered into force in mid-September for 2.7 million professionals: hospital staff and retirement homes, liberal caregivers, home helpers, firefighters, paramedics. Since then, thousands of suspensions have been served on non-vaccinated.
“Given the location of the Central Cuisine of the CHU” in Saint-Etienne where the two applicants work and the Roannais agent carrying “his cook’s duties in an annex building located outside the hospital” , the Tribunal considers that these elements are “to create serious doubt as to the legality of the decision in dispute”.
The Referral Judge adds that the suspension of hospital decisions “implies the provisional recovery of the activity and remuneration” of the applicants. “This shows that decisions made under the law of August 5 may be potentially illegal,” said their lawyer, M e Thomas Benagès, stating that judgments basically in these three cases n ‘do not intervene “before several weeks”.