In a judgment dated June 19th, 2025 (RG 22/02252), the deciding judge ordered RATP to pay the employee €15,000 for moral harassment and €5,000 for failure to comply with the prevention/safety obligation.
Furthermore, the labor court declared the driver's dismissal null and void and ordered his reinstatement.
The parties may appeal the judgment.
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The Board, composed of the deciding judge, ruling after consulting the members present, by an adversarial judgment, rendered at first instance and made available at the court registry,
DECLARES that Mr. X is statute-barred with respect to the acts of discrimination based on health status; DECLARES that Mr. X's claims for moral harassment and its consequences are admissible;
DECLARES that the dismissal of Mr. X, due to the impossibility of redeployment (i.e., dismissal), is null and void;
ORDERS that Mr. X be reinstated as of October 21, 2021, in the position he held and under the same salary and statutory conditions;
STATES that Mr. X's salary must be paid at the same amount as that paid before the dismissal, i.e., the reform, effective from the date of this decision;
STATES that RATP must complete the formalities for Mr. X's medical discharge in accordance with Article 50 of the RATP Staff Regulations;
ORDERS RATP to pay Mr. X the following amounts:
- €15,000 in damages for moral harassment,
- €5,000 in damages for failure to comply with the obligation to prevent occupational risks, plus interest at the statutory rate effective from the date of this decision;
DISCRIMES Mr. X's remaining claims;
ORDERS RATP to pay Mr. X the sum of €2,500, pursuant to Article 700 of the French Code of Civil Procedure;
ORDERS, as necessary, that RATP reimburse the relevant organizations for all or part of the unemployment benefits paid to the dismissed employee, from the date of his dismissal to the date of judgment, up to a maximum of one month's unemployment benefits;
STATES that a copy of this judgment shall be sent to France Travail, in accordance with Articles R. 1235-1 and R. 1235-2 of the French Labor Code;
Orders RATP to pay all costs of the proceedings;
Dismisses the application for provisional enforcement.
To read the full brief, click on the link below
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
https://www.instagram.com/fredericchhum/?hl=fr
.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300
.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644
.Lille: : 45, Rue Saint Etienne 59000 Lille – Ligne directe +(33) 03.20.57.53.24
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