Ms. Y was hired by the company Bal du Moulin Rouge (Bal du Moulin Rouge) by a fixed-term part-time contract, from March 29 to June 30, 2001, renewed from July 2 to September 28, 2001 and continued on a full-time basis, in “cloakroom employee” quality.
Ms. Z was hired on July 18, 1994 under a full-time indefinite contract by the company Bal du Moulin Rouge as a cloakroom service employee.
Ms. Y enjoyed protection until October 4, 2013 as a union delegate, employee representative and full member of the works council.
Ms. Z was, between December 8, 2008 and October 4, 2012, a member of the Health, Safety and Working Conditions Committee (CHSCT), staff representative and alternate member of the works committee.
At the end of 2008, a dispute relating to the remuneration system arose, leading the Bal du Moulin Rouge in October 2011 to propose a modification to it which Ms Y and Ms Z refused.
In letters of April 25, 2012, the employees and their colleagues gave the Bal du Moulin Rouge formal notice to pay them various salary reminders, to restore the common core of the divisor as well as the payment of overtime worked.
On May 24, 2012, Ms. Y and Ms. Z appealed to the Paris Labor Court, in particular to obtain payment of a salary reminder, the judicial termination of their employment contracts at the fault of the employer and the payment of various indemnities.
In its judgment of October 23, 2014 (notified the following October 30), the Labor Court chaired by the departing judge dismissed the employees of all of their claims.
By decision of October 10, 2014, the CPAM placed Ms. Z on invalidity and recognized the existence of an occupational disease on December 31, 2014.
Following the notice of unfitness for all positions issued by the occupational physician on April 22, 2015, Ms. Z was notified of her dismissal for professional unfitness on June 8, 2015.
On appeal from Ms. Y and Ms. Z, the Paris Court of Appeal, by judgment of September 13, 2017, confirmed the judgment and, adding thereto, dismissed the employees of their salary claims covering the period of September 18, 2014 as of March 31, 2015 for Ms. Y and from September 18, 2014 to June 8, 2015, as well as her requests for her dismissal of June 8, 2015 for Ms. Z.
The Cour de cassation, on March 27, 2019, quashed and quashed the judgments of the Paris Court of Appeal of September 13, 2017.
For Ms. Y, by judgment of November 4, 2020, the Paris Court of Appeal (for referral):
. Orders the company the Bal du Moulin Rouge to pay Madame Y the following sums:
. 10,000 euros in damages for non-compliance with the safety obligation;
. 2,000 euros for moral harassment;
. Announces the judicial termination of the employment contract to the wrongs of the company Le Bal du Moulin Rouge, on November 4, 2020;
. Holds that the judicial termination, as a result of acts of moral harassment, has the effects of a null dismissal;
. Orders the company the Bal du Moulin Rouge to pay Mrs. Y the following sums:
19,042.56 euros gross for the compensation in lieu of notice;
1,924.25 euros gross for the related paid leave;
17,068.48 euros net for legal severance pay;
40,000 euros as compensation for unlawful dismissal;
3,000 euros on the basis of article 700 of the Code of Civil Procedure;
. Holds that interest at the legal rate is due from September 18, 2014 on severance indemnities and on sums allocated as compensation, from this decision;
. Orders the company Le Bal du Moulin Rouge to issue Ms. Y with a summary salary slip, a work certificate and an employment center certificate in accordance with this decision;
. Holds that in the absence of voluntary surrender within one month of the delivery of this judgment, the company will be required to do so under penalty of 50 euros per day of delay and per document, for a period of 90 days;
. Condemns the company Bal du Moulin Rouge at the expense of these appeal proceedings.
For Ms. Z, by judgment of November 4, 2020, the Paris Court of Appeal (for referral):
. Sentenced the company Le Bal du Moulin Rouge to pay Ms. Z the following sums:
- 10,000 euros in damages for non-compliance with the safety obligation;
- 2,000 euros for moral harassment;
. Announces the judicial termination of the employment contract to the wrongs of the company Le Bal du Moulin Rouge, on June 8, 2015;
. Holds that the judicial termination, as a result of acts of moral harassment, has the effects of a null dismissal;
. Orders the company Le Bal du Moulin Rouge to pay Ms. Z the following amounts:
- 570.60 euros gross as the remainder of the compensation for notice;
- 57.06 euros gross for the related paid leave;
- 917.87 euros net as a balance on the special termination indemnity;
- 52,000 euros as compensation for unlawful dismissal;
- 3,000 euros on the basis of article 700 of the Code of Civil Procedure;
. Holds that the interest at the legal rate is due from June 28, 2017 on severance payments and on the sums allocated as compensation from this decision;
. Orders the company Le Bal du Moulin Rouge to issue Ms. Z with a summary salary slip, a work certificate and an employment center certificate in accordance with this decision;
. Holds that in the absence of voluntary surrender within one month of the delivery of this judgment, the company will be required to do so under penalty of 50 euros per day of delay and per document, for a period of 90 days;
. Condemns the company Bal du Moulin Rouge at the expense of these appeal proceedings.
Mrs. Z obtains a total of 68,545.53 euros.
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Frédéric CHHUM avocat et 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
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.Lille: 25, rue Gounod 59000 Lille tel: 0320135083
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