France

Lannion, Dinan and Paimpol hospitals: legal disavowals for unvaccinated nursing staff – Bretagne



The administrative court of Rennes disavowed three employees of the hospitals of Lannion, Dinan and Paimpol who disputed the legality of their suspensions of functions in September and October 2021 because of their non-vaccination against covid-19.

All three considered, in three separate appeals, that the decisions of their respective employers were vitiated by a “procedural defect” insofar as they had not been preceded by a prior “interview” with them.

“When a public official (…) does not present the supporting documents (…) and if he does not choose to use, with the agreement of his employer, days off, the latter notifies him (…) on the day even the suspension of his functions”, indeed provides for an article of the law of May 31, 2021 on the “management of the exit from the health crisis”.

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“No prior maintenance obligation”

“When the situation (…) extends beyond a period equivalent to three days, the employer summons the agent to an interview in order to examine the means of regularizing his situation”, adds the text of the law. The fact remains that the hospitals of Lannion, Dinan and Paimpol have not taken their decisions on the basis of article 1 of this law “which concerns the health pass”, objects the administrative court of Rennes in three decisions dated August 16 2022 which have just been made public. They were “on the basis of articles 12 to 14 of the law of August 5, 2021 relating to the management of the health crisis which establishes, for certain agents, an obligation to vaccinate against covid-19”.

These same provisions “provide that the director of a public health establishment may legally take a suspension measure” of this type. “In addition, these articles do not establish an obligation of maintenance prior to the suspension measure”, notes the administrative court of Rennes. All three applications were therefore dismissed.



letelegramme Fr Trans

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