The “départage” judge states that "In this case, the employee establishes the stagnation of her earnings as of her health difficulties and justifies having lodged claims with the employer as of 2011, also surprised by the absence of payment of the balance sheet premium she received prior to her sick leave.
In view of the elements of the discussions, it appears that the employee has a monthly increase of 40 euros in 2013, on the occasion of its passage to the package / days then 50 euros in June 2018, a monthly increase of 90 euros on eight years, as part of a general increase.
This situation is verified by the Accounting Director, Mrs Y, who indicates: "Every year, the supervisors evaluated the employees of their team and consulted each year with Mr. Z about increases in salaries and bonuses. From 2010 to 2016, I asked for an increase and bonus each year for Mrs. X, which I was very satisfied with. Mr. Z always put his name on the list (...) and deliberately blocked Ms. X's salary, I noticed that he was working on her, she is the only employee I saw in the team general accounting have no salary increase for many years ".
It therefore appears that the applicant has a legitimate reason for requesting the disclosure of documents in order to support any action on the basis of discrimination, since the anonymised documents produced by the employer do not allow a valid examination to be carried out. the wage situation ".
The presiding judge points out that "it should be recalled that respect for the private lives of employees can not in itself constitute an obstacle to the application of the provisions of Article 145 if the measure sought is based on a legitimate ground and is necessary to preserve the rights of the plaintiff ".
The Labor Court partially grants its request and order RE: SOURCES FRANCE to produce the following documents, within one month from the notification of this decision and under an overall penalty of 50 euros per day late for four months:
- The register of entry and exit of the staff of the company RE: SOURCES FRANCE for the period 2008/2018;
- Pay slips for the years 2016, 2017 and 2018 as well as payslips for December each year since the hiring of the 16 employees referred to in the Plaintiff's submissions.
It is allocated to the plaintiff a sum of 800 euros on the basis of Article 700 of the Code of Civil Procedure. The company RE: SOURCES FRANCE will be rejected of its request in this respect.
In a similar case, in an decision of April 6th 2018, the Labor Court of Paris (référés départage) had ordered FRANCE TELEVISIONS to communicate the career assessment of 19 of its employees (see our article - Discrimination: FRANCE TELEVISIONS must communicate to a salaried journalist the career assessment of its 19 colleagues – https://www.village-justice.com/articles/discrimination-the-proud-men-order-france-televisions-communicate,29113.html )
To read all the article in English, please click on the link below
Article in French : Discrimination et référé article 145 du CPC : une salariée obtient les bulletins de paie de ses 16 collègues
Frédéric CHHUM avocat et membre du conseil de l’ordre des avocats de Paris
CHHUM AVOCATS (Paris, Nantes, Lille)
.Paris: 4 rue Bayard 75008 Paris tel: 0142560300
.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644
.Lille: 25, rue Gounod 59000 Lille tel: 0320135083