Leader of the fight against the employees of McDonald's of Saint-Barthélémy to save their jobs, Kamel Guemari can continue his fight: the labor inspectorate refused the dismissal of this protected employee, in a decision of which the AFP took note on Friday.
"The employer has not fulfilled its obligation of reclassification"
"The safeguarding of competitiveness as an economic motive is not established" and "the employer did not fulfill its obligation of reclassification" of Kamel Guemari, delegate of the staff FO, estimates the labor inspection, in a letter dated Tuesday and forwarded to the interested party on Friday. Because it is the union mandates of this employee, arrived in this McDo in 1998, at 16, and became deputy director, who are the real reason for dismissal requested by Jean-Pierre Brochiero, the franchisee at the head of this fast -food Marseille: "The link between the application for authorization of dismissal and the exercise of the mandates of Mr. Kamel Guemari is established," concludes the letter.
Eager to sell his six McDonald's in Marseille, Pierre Brochiero finally sold five in September to another franchisee. As for that of Saint-Barthélémy, he wants to sell it first to Hali Food, an unknown Tunisian company. Objective: to make halal "Asian". But this project is retried by the summary judge of the TGI Marseille, September 7, with no viability "short and medium term".
"The social movement in progress, and not the economic motive invoked"
Forced to remain at the head of this restaurant, Pierre Brochiero presents in May a plan of dismissal of seven employees, including Kamel Guemari. The only solution according to him to reduce the payroll of 400,000 euros and make viable a restaurant that would have posted 992,000 euros in losses in 2018, after 3.3 million euros evaporated since 2009. Employees denounce them "an organized bankruptcy": "nothing has been done to increase the turnover," accused Kamel Guemari, in June, with AFP: "No 2nd track 'drive", no home delivery. For a year, we even disappeared from the McDonald's app! "
And the labor inspectorate has largely resumed this argument: "The cause of the dismissals envisaged is the social movement in progress and not the economic motive relied on, which partly results from the employer's desire not to implement the existing solutions to improve the competitiveness of the company ".