by Written by La Presse de la Manche
for memory, 57 jobs have been cut And 162 preserved after the restoration of this boiler specialized in nuclear baths by Fives Nordonone of Nancy’s competitors, in front of Rouen Commercial Court.
The decision came in the wake of difficulties faced by their parent company, Manoir Industries, based in Agneaux.
Subsequently, in October 2021, thirty-four of these dismissed employees took over the Caen Administrative Court to overturn the approval of the PSE. without result.
Experience is not seniority
According to them, ” shortcomings It distorted the decision of the labor inspectorate in light of the “irregularities” contained in the social plan of the former Ateliers de Construction du Petit-Parc: 46% of employees did not give an interview to assess their “professional qualifications”, when it was one of the criteria for determining who remained.
The Court of Nantes, in its highly anticipated ruling, noted that the company’s evaluation system was “imperfect” at the time of PSE’s development. Only, in the context of receivership and then liquidation, it was not possible to interview employees who had not yet been evaluated “within the limited deadlines of these proceedings”. Thus, for these employees, management can count on other indicators, such as ‘experience in the position’. For the judges, this “differentiated device” according to the categories was therefore not illegal. The ‘experience in position’ criterion considered by applicants to be too vague and ‘inappropriate’.
But the court considered that this idea ” Not to be seriously confused with the seniority criterioneven if the two concepts could temporarily overlap “in the case of an employee who never developed, professionally, within the same company.
The judges of Nantes did not do that Find nothing to complain about On the procedure for collecting individual data with certain details (possibly an employee, single parent, or worker with a disability) qualified by applicants as “inaccurate, questionable, or even illegal”.
The order of layoff has been validated
“The court notes that the criteria used to determine the dismissal order respect labor law,” the Nantes court wrote in a press release written specifically for the occasion.
The applicants also considered that the administration had not provided sufficient reasoning for its decision on the issues of preserving their health rights (mutual insurance) and finding group means.
However, management “was not required to monitor actions taken by the employer” regarding health cost guarantees. It also, for the judges, “has conducted adequate audits that were necessary in relation to the control of searches relating to reclassification.”
Nor did the judges find any “irregularities” with regard to media advice regarding psychosocial risks or the “inadequateness” of the internal redeployment plan.
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