A 55-year-old Thionvilloise appeared on Tuesday before the Thionville correctional court where she had to answer for “moral harassment, repeated comments or behaviors having the object or effect of a degradation of working conditions that could violate rights, dignity, health or in the professional future of others ”.
Supervisor for more than 9 years in the Paul stores, specializing in viennoiseries and pastry making, she was the subject of a first complaint in May 2017 at the Thionville police station on the part of a bakery CAP apprentice. Victim of depression, and professionally reoriented since, he accused him of having made him lose two years because of his management, considered too abrupt. Two other employee complaints will follow, reporting “mockery, racist, offensive and going beyond simple hierarchical relationships. “. What she defended systematically at the bar of the court. “For a while, I had to manage the work, the presence and the leave of the employees of ten stores in the sector. In over nine years, there has never been anyone who has complained to management about relationship problems I have had with the staff, ”she says in surprise. “I was never summoned to do this or even received a warning during this entire period. On the contrary, I think I have always tried to be fairer to everyone ”The president pointed out to him that during his“ mandate ”,“ 13 resignations were recorded ”. “Most were on fixed-term contracts, with no prospect of hiring, and went to Luxembourg to get a permanent contract there,” she replied.
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Unfair dismissal for the labor tribunal
The representative of the public prosecutor, if he says he is “normal for a leader to reframe his teams”, was moved on the other hand “that we can refuse breaks, forget overtime, criticize the dress of his colleagues or worse making racist remarks ”, as the complainants’ testimonies would suggest. And to request 4 months of suspended prison sentence against him.
It was counting without the pleadings of Me Michel Nassoy, lawyer of the defendant, who dismantled one by one the arguments of the prosecution. “Appearances are often deceptive and, let’s not hesitate to say it, it’s a bit of a mess,” he said, noting that “the complaints were filed from April to May while the first warnings against my client fell in March. I find that a little too tempting for the employer, “he adds, suggesting that the boss might have used this stratagem to part with a big salary …” The director was also condemned. on November 21, 2018, by the labor tribunal to pay the sum of € 40,000 to my client for unfair dismissal, ”he continues. A judgment, followed, of course, by an appeal from the management of Paul’s house, but which probably influenced the members of the court, who decided to release the accused.
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