MARIGOT: Following the non-renewal of several fixed-term contracts by the community of agents of the Caisse Territoriale des Œuvres Scolaires (CTOS) in 2018, the Union des travailleurs des collectivités (UTC) filed an appeal with the administrative court of St. Martin.
The UTC asked the court to order the COM and the CTOS to pay several agents the total sum of 76,000 euros as compensation for moral prejudice and other damages suffered by them as a result of the termination of their respective employment contracts and to itself the sum of 75,000 euros as damages.
On September 27, the court rejected the UTC’s request. It considered it as “inadmissible for the double reason [that the UTC] was deprived of interest to act and that it did not justify the capacity of its president to represent it in justice”. The UTC appealed this decision. The case has just been examined by the administrative court of appeal of Bordeaux.
The UTC argued in particular that “the agents were not informed of the reasons of the dismissal within the framework of a preliminary interview, that they benefited from a promise of hiring whose legal validity [had] to be noted, that they were not informed within a reasonable time of the end of their contract, that the financial reasons invoked by the COM are not proven, that their right to annual leave was ignored, that the agents who had the quality of staff representatives can no longer exercise the mandate for which they were elected”.
On its side, the administrative court of appeal of Bordeaux observed that “the indemnity request presented by the UTC tended to the reparation of the various prejudices suffered individually by the agents whose recruitment contract had ended”, that the UTC had not asked for the indemnity of a prejudice which would be proper to it and that it had not justified “an interest giving it quality to present the indemnity request”. The Court of Appeal therefore rejected UTC’s claim. The judgment was rendered on February 8.
The post The UTC loses it’s appeal against the COM and the CTOS appeared first on Faxinfo.
Source: Faxinfo https://www.faxinfo.sx/2022/02/15/the-utc-loses-its-appeal-against-the-com-and-the-ctos/
