In a decision of June 28th, 2024, the Industrial Tribunal reclassifies the 16 years of CDDU of a trickster, intermittent show business worker from RED BEE MEDIA FRANCE as a CDI.
It judges that the termination amounts to a dismissal without cause.
In total, he obtains 35,000 euros.
1) STATEMENT OF FACTS AND PROCEDURE
Mr. X was hired by VCT THEMATIQUES, then by TECHNICOLOR NETWORK SERVICES France, which later became ERICSSON BROADCAST SERVICES France, and was renamed SAS RED BEE MEDIA FRANCE, by successive fixed-term contracts as an "AV trickster" starting on October 30, 2006.
The contract is subject to the Collective Agreement for Technical Companies in the Service of Creation and Events (hereinafter "ETSCE").
By application received on October 27, 2022, Mr. X brought the case before the Boulogne-Billancourt Industrial Tribunal for the purpose of obtaining the reclassification of his fixed-term contracts as open-ended contracts, the reclassification of the termination of his employment contract as a dismissal without real and serious cause, and compensation for the damages he believes he has suffered.
The parties were summoned before the trial office at the hearing of February 23, 2023. At the end, a report of the tie-breaking vote was drawn up on June 22, 2023.
The case was brought up at the hearing of April 26, 2024 under the presidency of the tie-breaking judge.
At the tie-breaking hearing, Mr. X, appearing and assisted, orally supported through his counsel his submissions referred to on April 26, 2024.
SAS RED BEE MEDIA FRANCE, represented by its general manager and assisted by its counsel, orally supported its conclusions referred to on the same day. 2) REASONS
In his judgment of June 28, 2024, the deciding judge, ruling alone, after having heard the opinions of the two advisors present at the deciding hearing,
RECLASSIFIES X's fixed-term employment contracts as an indefinite-term contract with In SAS RED BEE MEDIA FRANCE as of October 30, 2006;
STATES that the termination of the collaboration between X and SAS RED BEE MEDIA France amounts to a dismissal without real and serious cause;
ORDERS SAS RED BEE MEDIA FRANCE to pay X the following amounts:
o 2,000 euros as reclassification compensation;
o 5,365.24 euros as compensatory notice pay, in addition to 536.52 euros for related paid leave;
o 11,624.67 euros as the contractual severance pay;
o 14,307.28 euros in compensation for dismissal without real and serious cause;
RECALLS that these amounts bear interest at the legal rate from the date of this judgment until full payment;
ORDERS the capitalization of the interest;
ORDERS SAS RED BEE MEDIA FRANCE to provide X with all termination documents in accordance with this decision (France Travail certificate, employment certificate, final settlement, pay slip);
ORDERS SAS RED BEE MEDIA FRANCE to reimburse the organizations concerned for the unemployment benefits they paid to X from the date of his dismissal until the date of this decision, up to six months;
DISMISSES X's other claims;
ORDERS SAS RED BEE MEDIA FRANCE to pay the costs of these proceedings:
ORDERS SAS RED BEE MEDIA FRANCE to pay X the sum of 1,500 euros under Article 700 of the Code of Civil Procedure;
ORDERS provisional enforcement. The requests of the parties to see "declare and judge" or "establish" do not constitute claims within the meaning of the provisions of Article 4 of the Code of Civil Procedure and will not give rise to a mention in the operative part.
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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
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