In a judgment of November 18, 2021 (No. RG F 19/01162), the Créteil Labor Court rules that the dismissal of a management controller from INFORMATIQUE CDC is devoid of real and serious cause.
The industrial tribunal grants the employee compensation of 47,551 euros and 1,300 euros from article 700 of the CPC.
The judgment is final.
Facts and procedure
Mr. R was hired by Informatique CDC (known as ICDC), an economic interest grouping, a global operator of IT solutions for its shareholders, including Caisse des Dépôts et Consignation and CNP Assurances, on fixed-term contracts from April 6, 1999 to October 6, 2000.
Then Mr. R was hired on a permanent contract as a Senior Technician Management Assistant with executive status from October 6, 2000 (SYNTEC Agreement).
Mr. R was then promoted to Activity Manager, executive status position 1.
Finally, following the modification of the business reference framework of the company ICDC (Informatique Caisse des Dépôts et Consignations), Mr R was employed as a Management Controller within the Financial Affairs Department in the Management Department. expenditure for position 1 executive status, from 1 December 2018.
Mr. R has always received good marks in the context of his duties and initially took charge of the processing of invoices within the scope of the IT Production Department (DPI).
Mr. R, finding the new software packages ORACLE and ONYX, chosen by the company ICDC, not suited to his needs, created several tools, in particular Excel files, in order to efficiently list all the orders issued by Informatique CDC and follow the invoices received from suppliers.
The ICDC company formed a working group to develop ONYX and integrate the functionalities of Mr. R's Excel modules and Mr. R was involved in this process.
The solution adopted in 2017/2018, however, did not take into account the difficulties in following up on invoices not received, the follow-up of which is essential for accounting closures despite Mr. R's alerts on this subject.
In April 2018, Mr. R asked for the recognition of his copyright on his Excel files and a conventional breach was mentioned between the parties without success.
In December 2018, a license agreement was signed between the parties.
In February 2019, Mr. R was asked to abandon his tool to adopt the new processes and tools resulting from the implementation of commitment accounting, a tool for tracking invoices not received.
Mr. R pointed out to his superiors that the new processes did not ensure the same reliability as his Excel tools during his annual interview in February 2019.
Mr. R felt left out of the workshops relating to unreceived invoices.
On April 10, 2019, Mr R was called to a preliminary interview and on May 11, 2019 Mr R was dismissed for real and serious cause due to his schedules, his absence from meetings, his persistence in using his Excel tools and of his refusal to participate in the development of the new software.
On November 18, 2021, the Créteil Labor Court, by contradictory judgment:
- Orders INFORMATIQUE CDC to pay Mr. R the sum of:
o €47,551.20 as severance pay without real and serious cause;
- Condemns INFORMATIQUE CDC to reimburse unemployment benefits within the limit of six months, as provided for in Articles L. 1235-4 and L. 1235-5 of the Labor Code;
- Orders INFORMATIQUE CDC to pay the sum of 1,300 euros to Mr. R under article 700 of the CPC;
- Orders INFORMATIQUE CDC to provide Mr. R with the end-of-contract documents as required by the judgment;
- Says that the provisional execution is not pronounced;
- Says that the legal interests of law apply;
- Orders INFORMATIQUE CDC to pay the costs;
- Dismiss the surplus parties.
In total, Mr. R obtains the sum of 48,851.20 euros.
The judgment is final.
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. Prise d’acte : un Directeur d’études de la CDC obtient la requalification en licenciement sans cause (https://www.village-justice.com/articles/prise-acte-directeur-etudes-cdc-obtient-requalification-licenciement-sans-cause,36819.html).
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
Annaelle ZERBIB juriste M2 DPRT Paris Saclay
CHHUM AVOCATS (Paris, Nantes, Lille)
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