Two women working in the kitchens of the North Hospital of the Saint-Etienne CHU were refused access to their posts on Wednesday.
Suspended because not vaccinated, they had nevertheless received a favorable judgment from the court allowing them to resume their post provisionally.
A third officer in the same situation received different treatment, since he was able to return to his post at the Roanne Hospital Center.
Two unvaccinated agents were refused access to their workstation, at the North hospital of Saint-Priest-en-Jarez (Loire), Wednesday, October 27.
The two women were provided with a health pass, in the presence of a bailiff.
"We were prevented from taking our job by a manager who told us to apply a directive from the HRD," said Marie-Josée Ribeiro, one of the two employees.
The Lyon administrative court ordered Friday, October 22 in summary the suspension of the sanction, until it has been ruled on the merits of the case.
The judgment provided, however, that the suspension of hospital decisions "implies the provisional resumption of the activity and the remuneration" of the applicants.
The exception of a third unvaccinated agent
A third unvaccinated and suspended agent, employed in the central kitchen of the Center hospitalier de Roanne (Loire), who also obtained a favorable judgment from the same body on Friday, was received at midday by the management of the human resources of his establishment who announced a resumption of activity on Monday.
The lawyer for the three applicants, Me Thomas Bénagès, said "to deplore that the hospital has chosen to outlaw itself by refusing to apply the court decision rendered" for its two clients.
He added "ignore the reason for this difference in treatment on the part of these two hospitals which have a common management".
Employees in the kitchens
The three agents believe that they are not affected by the vaccination obligation made to nursing staff, because they work in the kitchens of their establishment.
Contacted, the management of the Saint-Etienne University Hospital was not in a position to comment on the situation of these agents, specifying that they had initiated "an appeal" before the Council of State.
Given the location of the central kitchen of the CHU de Saint-Etienne and the Center hospitalier de Roanne where they work, the court considered that it was in the presence of elements "likely to give rise to serious doubt as to the legality of the decision in dispute ”.
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