Illustration of a yellow vest with the word Revolution -

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The dismissal for serious misconduct of an employee of the Amazon site in Saran (Loiret) who had called for the blocking of the company, at the end of 2018, was recognized on Monday "without real and serious cause" by the council of prud ' men of Orleans, according to a judgment.

The industrial tribunal also ordered the American giant to pay its former employee 15,000 euros in damages, as well as more than 6,000 euros in compensation for notice, dismissal and salary supplements.

On November 18, 2018, the employee launched a message on the Facebook group titled “we yellow vests”, followed by 29,000 subscribers, and suggested the “warehouse blockade” on the eve of a period when the company is to the maximum of its capabilities.

“To strike a blow and hurt the economy, blockades of Amazon warehouses.

The week of Black Friday begins tomorrow and it is still the wealthiest who will benefit from it, ”the employee wrote at the time.

"The seriousness of the facts is not proven"

He had received the following days a letter of convocation resuming the terms of his message and denouncing a serious fault, before being dismissed without compensation a few weeks later.

According to the judgment, "this message is aimed more at the economic system and social inequalities", "in a context of national passion".

The employee "does not denigrate the company in which he works".

Even if Amazon believes that the employee did not have to publish this message for the sake of loyalty to his employer, "the seriousness of the facts is not proven" objectively, is it written in the judgment.

If the charges "may be reprehensible, they can in no way justify a dismissal procedure for serious misconduct", according to the industrial tribunal.

"We wanted justice to say that an employee can call to demonstrate in front of his company," responded the employee's lawyer.

“From the moment we stay on the public highway, we have the right to demonstrate.

Blocking traffic is the very purpose of a demonstration.

Amazon believed that it could privatize public space, ”he said.

Miscellaneous

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Justice

"Yellow vests" in the Var: Up to six months in prison for burning a toll

  • Prudish men

  • Loiret

  • Dismissal

  • Yellow vests

  • Justice

  • Amazon