The Labour relations board
has made its decision for the BITCH
They took their time to do
it because the decision was supposed to be made on the 7th of July
2015. For your information, any justice or “injustice”
courts in France do not operate between July and August. School holidays! So, the decision was voted on 24th
September 2015.
Please note that: this
court case started October 2013. In May 2015, the Industrial Arbitration Court
heard both parties and since then, I have been trying to find out what was
their decision! But no one was able to tell me.
After the liquidation of
my business on September 2014 the govern organisation called (bottom of
guarantee) assumes certain payments in the name of the business. This organisation
is of Corse the state itself. Please don’t ask me how it works! I haven’t yet
understood how and why this organisation exists.
My personnel lawyer did
not have to make the conclusion defence file for the tribunal on my behalf,
because my business was already on liquidation; but she preferred to do so and,
of course, she did not chard me for it. This means that the lawyer that
defended my SARL on this case had nothing much to do besides defending me.
The bitch claimed 8000€ as compensation for unfair dismissal
1578, 03€ as compensation
for noncompliance with the procedure of dismissal
1578, 03€ as compensatory compensation
of advance notice
157, 80€ as compensatory
compensation allowance of paid leaves
1882, 84€ as compensatory
compensation allowance of paid leaves
133, 59 corresponding to
the net salary of December 2012
On conclusion, the bitch was claiming the total amount of:
26555, 70€
You can see below the responsive conclusions that my personal lawyer generously did and
passed it on to the defending lawyer; proves that: according to my accountant I
had paid what I owed the bitch.
The court decision surprised
lawyer and me!
Although I personally do
not have to pay the bitch, the (bottom
of guarantee) organisation, will respect the decision of the Industrial
Arbitration Court. The bitch won.
She will get 4000, 00€ as
compensation for unfair dismissal
1486, 00€ as compensation
for noncompliance with the procedure of dismissal
1486, 00€ as compensatory compensation
of advance notice
148, 60€ as compensatory
compensation allowance of paid leaves
1176, 00€ as compensatory
compensation allowance of paid leaves
133, 59 corresponding to
the net salary of December 2012
And her lawyer will be
payed 1000, 00€
In other words the bitch gets 6945, 67€. OK! She lost
-18610, 03€.
CONCLUSION
AND ADVICE
Statistics show a much
more qualified reality.
When the judges of an
industrial tribunal rule at request of an employee, they agree with him (her)
three times on four.
But this proportion in favour
of the workers is easily understandable: it is them that, in more than 98 %
seize the justice of an industrial tribunal.
All do not make it by pleasure or perversion, but rather
because they estimate to have undergone an injustice:
80 % of them dispute the
motive for their redundancy and or dismissal, 0, 2 % ask for the cancellation
of a disciplinary measure for example. In my case is pleasure and or perversion from her part.
However, let’s not forget
that this principle, exceptional in Europe, of a justice completely equal and
returned by NOT PROFESSIONAL JUDGES,
explains partially the presuppositions the advice (council) of which are victims themselves.
If you thinking to create a business in France with
workers, please consider my conclusion as an advice before you do so!
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