Year: 2011 (Date of Decision: 6 December, 2011)
Forum, Country: Industrial/Labour Court; France
Standards, Rights: Non-discrimination and equal protection of the law; Proportionality; Right to decent work
Summary Background: Issue at stake in this case: the lawfulness of the dismissal of the plaintiff, a representative of a trade union who, as part of her responsibilities within the company board, denounced to the police and the labour inspectorate in 2005 gaps in safety conditions at her work place. Since then, and although she had been under permanent contract for four years, she had been facing threats of dismissal and disciplinary measures against her. The labour inspectorate and several administrative and judicial bodies had questioned and sought to prevent the dismissal of Ms Lopez.
Holding: The judge found a violation of several articles of the Labour Code (Code du Travail), especially article
Additional Comments: While he did not decide in favour of the plaintiff in respect of her allegation of psychological harassment, on the grounds of insufficiency of evidence, the judge did order the maintenance of the plaintiff in her job and her reinstatement in the responsibilities of 2004, before the conflict with her employer. He further awarded Ms Lopez damages of 40,000€ to compensate the five years of discrimination on the ground of union activities and of facing disciplinary measures against which she had to defend herself.
Link to Full Case: For contact details of the Conseil de Prud’hommes de Bobigny, please visit: http://www.caparis.justice.fr/index.php?rubrique=11016&ssrubrique=11069&article=14715
Copy of the decision on file with ICJ