France, Alternative Libertaire AL (September) - Labor law
Chronicle: Complaints and faults (fr, it, pt) [machine
translation] (a-infos-en@ainfos.ca)
Sylvie has been working since 2002 as a childminder in an association. It is accredited
childminder since 1984 and in 2007 obtained the state diploma. Suddenly, after ten years
of irreproachable work within the association, the director arrives at the employee, the
latter's visit to the doctor for one of the children and a friend keeps her home the other
two. Upon the arrival of Sylvie, director withdraws children. The next day it launched
dismissal proceedings for serious misconduct. ---- In the letter of dismissal, the
employer blames Sylvie: lack a teaching appointment; an error in the administration of an
antibiotic; a house in disorder and not enough heated; school homework not done at 18 h
30; too much dirty laundry not washed; non-compliance of the electrical installation;
hygiene problems; meal not ready tonight; and finally to have phoned the grandparents of a
child to inform them of the situation...
This list Prévert the Labour Court had to sort. On the missed appointment, the Board held
that the isolated nature of the breach was not serious reason for termination; on the
phone call to grandparents, the association "has produced no evidence demonstrating the
ban for a family assistant" to contact the families of children; on most of the other
complaints, the Board notes the lack of competence of the Director to establish an
electrical fault; renewal of authorization by the competent authorities; the context
explaining the disorder, homework not done, the meal ready yet; subjectivity vis-à-vis the
temperature of the house... In conclusion "the reasons given will not be considered as
real and serious." Rest antibiotic syrup spoon given outside of a medical prescription.
Although the pediatrician has said that it has had no impact on child health, counsel
submits that this single failure is a real and serious grounds for dismissal. Not
retaining the serious misconduct, the Council condemns the association to pay severance
pay and compensation in lieu of notice.
Furthermore the Council condemn the association to repair the "moral damage because of the
violence of the situation" immediate and abrupt withdrawal of three children, including
one hosted by Sylvie since the age of six weeks. Finally, if Sylvie has received over
20,000 euros to the outcome of the case to labor court, she lost her job to antibiotic
syrup spoon given against-time mistake that any parent is likely to commit and she was
brutally deprived of the affection she had woven with the three children to his care.
http://www.alternativelibertaire.org/?Chronique-droit-du-travail-Griefs
