The decision to Myriam El Khomri contradicts that of the Labour Inspection in January. The secretary general of the CGT, Philippe Martinez, considers this “revenge” decision.
The image had been around the world. Last October, the director of human resources of Air France had been exfiltrated by security agents, the torn shirt, while he was jostled by disgruntled employees after the announcement of a redundancy plan. After this episode highly publicized, said of the torn shirt, a delegate CGT employee of the company had been returned. Labour Minister Myriam El Khomri just validated the dismissal unjustified judged in January by the Labour Inspection, said Monday his ministry in a statement.
“After a long and careful analysis of the events that occurred October 5, 2015 on the sidelines of the central committee of the Air France and on the basis of information brought to the folder, show that the alleged misconduct is of sufficient gravity to justify the dismissal of the employee protected, “the ministry statement.
“This decision is consistent with the dismissal of four employees involved in the same folder, which do not benefit from trade union office and that the case is not subject to the approval of the labor inspection, “said the ministry.
the employee concerned has the possibility to appeal the decision of the Directorate General of Labour before the administrative court, he said.
“This is a decision that is contrary to that taken by the labor inspectorate,” told Reuters the secretary general of the CGT Philippe Martinez. “I see a political and vindictive action by the government against the social movement in Air France and the social movement we lead,” he said, adding that the union would consider possible remedies.
in early January, the labor inspectorate had refused to agree to the employee is fired. She was so motivated his decision: “the facts [...] does not establish the existence of gross negligence by the employee, characterizing his malice vis-à-vis the company.” The delegate was accused by the company of having “pushed and shoved another employee” in the direction of HRD. But labor inspection, “it is impossible to determine with certainty” if it “upsets employees voluntarily or is himself heckled”.
After the decision of the Labour inspection, the company had immediately made a hierarchical appeal to the Minister of Labour. While awaiting the Ministry’s decision, Air France had to reinstate the said employee, as stated in the Labour Code.
Four other employees were fired for “gross negligence” by the company after this incident. Their trial had been dismissed shortly after it opened on May 27, by the criminal court of Bobigny. The court decided to refer the case to September 27 and 28. The question is to establish responsibility and possible sanctions after the event
“Case of ‘torn shirt”. Trial returned in September
After forcing the entrance gate, a group of disgruntled employees invaded the central works council (CEC) at the headquarters of the company, on the site of the Parisian airport Roissy. Some employees had attacked physically to two company officials and guards who tried to defend them. Under the cries of “naked, naked!” And “resign!”, The human resources director, Xavier Broseta, found himself shirtless, his shirt torn and he had managed to escape by climbing over a gate. The image was outraged politicians and arrested the foreign press.
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