the dismissal of a nurse, struck off for abandonment of post, canceled by the courts
On November 4, 2021, a nurse from the Toulouse Children’s Hospital learned of her radiation for abandonment of her post while she was on sick leave for burnout. According to the CHU, this stop is not justified. This Monday, December 13, the administrative court ruled in favor of the nurse.
Since 2007, Elodie has been a nurse at the Toulouse Children’s Hospital. On November 4, 2021, she learned of her removal from the public service, while she was on sick leave for anxio-depressive syndrome. For the Toulouse University Hospital, this stop is then not justified and constitutes an abandonment of post.
This Monday, December 13, the Toulouse administrative court ruled. He decided to suspend the radiation of the nurse and ordered the Toulouse University Hospital to “reinstate the person immediately, on a provisional basis pending a substantive judgment”.
After several work stoppages during the summer of 2021, the 37-year-old nurse was placed on sick leave for aniodepressive syndrome for the period from August 30 to October 1, 2021. On August 31, the Toulouse University Hospital summoned her to a counter-visit. On September 10, the approved doctor concluded that duties would be resumed on October 1, 2021.
For her part, Elodie has sent the administration a new work stoppage of his attending physician for the month of October 2021. Except that the Toulouse University Hospital considers that his absence from the 1uh October was not justified, based on the conclusions of the medical officer. Hence the decision to strike off the nurse for abandoning her post.
Elodie therefore seized the administrative court of Toulouse. This jurisdiction is able to suspend the execution of an administrative decision when the urgency justifies it. “In the present case, the judge considered that the condition of urgency was satisfied, since the striking off of Ms. X had the effect of depriving her of her job and of any income, in a context of medical illness of a psychological and anxiety and therefore prejudices in a sufficiently serious and immediate way to his situation “, can we read in the decision rendered this Monday, December 13 by the court.
And the latter ruled in favor of the pediatric nurse, because the summary judge considered that “the plea alleging that the CHU committed an error of assessment in considering that Ms. X had severed all ties with the service was likely to give rise to serious doubt as to the legality of the radiation”.
A relaxation for the support of Elodie. Because the case of the pediatric nurse had a lot of outrage. For example, the CGT union of the Toulouse University Hospital had started a petition on Change.org to request the cancellation of Elodie’s deregistration. In three weeks, more than 46,000 signatures were sent.
In a Facebook post published in reaction to the administrative tribunal’s decision, the Toulouse University Hospital CGT speaks of a “important victory against pathogenic management practiced in hospitals “.
Elodie’s reaction was not long in coming: “I was very moved by your outpouring of solidarity and generosity. The injustice of which I was the victim touched you.