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(en) France, Alternative Libertaire AL #258 (Feb) - Abderrahman: Victim of discrimination (fr, it, pt) [machine translation]

Date Mon, 14 Mar 2016 11:48:31 +0200

Abderrahman was hired in January 2012 in an interim mail transport company. In March, the contract becomes a CSD. Then, in September, he was hired on permanent contracts. As of May 2014, an employee of a client company Abderrahman insult to each "pick" daily because of his origins, sometimes up to the threat of death. ---- Abderrahman notify this situation to his employer. Initially the employer the employee withdraws from the tour at the client and contacts the client. This minimizes the facts speak of bickering between employees ... and not take any action against the racist employee. In September the employer gives Abderrahman on the tour. He refuses to do the tour with this client and the employer dismisses him for serious misconduct.

In the letter of dismissal, the employer Abderrahman wrote that the Director of the client company " confirmed to us that you had received to take note of your statement and reassure you by guaranteeing that the employee was harmless " . Insults and threats against the employees are not denied. The employer merely encourage the employee " don'ts case Inappropriate, but above all unintelligent ." What can not consider Abderrahman and what led him to refuse to go to that client, gear that will end with his dismissal for serious misconduct.

At the hearing the Labour Court, his counsel relied on the law of 27 May 2008 which allows qualifying bullying an isolated act when it can be connected to a prohibited discrimination, including racial discrimination. Moreover, it found that the employer asked Abderrahman resume operations without measures are taken to ensure his safety, had breached its income security obligations to the employee.

The tribunals were initially reported in a tie (both employees against both bosses) and a départiteur judge has ruled. Finally, if you will ... He actually split the two. Although the letter of dismissal demonstrates that neither party disputes the insults and threats, the judge wrote that " the fact that [the company] has removed [the employee] of the tour does not establish the facts alleged harassment, if not the existence of a problem that can be purely relational . "

Conversely, the judge does not qualify the gross negligence of dereliction. Also dismissal is it reclassified as dismissal for just cause and the employer is ordered to pay the employee a severance pay, termination pay and the period for making foot conservatory, a total of 6200 euros . The employee did not wish to appeal this decision unsatisfactory.

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