It is a victory symbolic in a case of drawers, which lasts for more than five years. The inspector of work, Laura Pfeiffer, in conflict with the company Tefal has just won an important innings. The Court of appeal held, Wednesday, October 17, that the case should be retried on the merits by the court of appeal of Lyon. Until now, the court had sentenced the official to 3 500 euros suspended fine for "concealment" and "breach of professional secrecy".A mole, and pressure
To fully understand all the ramifications of the case, it is necessary to go back more than five years back. One morning in January 2013, the inspector of the work goes to the factory Tefal of Rumilly (Haute-Savoie). Considering that the agreement on working time in force on this site is not in accordance with the act, it shall inform the management. Until then, it is routine. But the direction of Tefal is moved to what it considers to be a form of hard unjustified and the top of Laura Pfeiffer. The latter shall convene and would have asked her to lift the foot. An interview that runs at the confrontation, and that the inspector will live very poorly.
Three stops later, she gets this head-to-head to be recognized as an accident of service, a kind of work accident, implying that she retains her salary during her sick. An approach validated by the administrative court, which has given him reason in 2017.
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Because the case has actually had other implications. A few months after his altercation, Laura Pfeiffer has received anonymously in his mail box professional e-mails from the HR department of Tefal. These exchanges suggested that the direction was beautiful and well-made pressure on the head of Laura Pfeiffer and that the latter had obtained an internship in the factory for one of his close friends.
This is a former employee of the company who obtained the emails in a fraudulent manner and made them follow it to the interested main. It has passed the elements to the national council of labour inspection and the prosecutor of the Republic. An "advertisement" that Tefal has hardly tasted. The company has filed a complaint against X for "introduction fraudulent in a system of automated data processing". The "mole" identified by the investigation, and the inspector ended up in the courts. The court of appeal of Chambéry had estimated in November 2016 that it had "committed a breach of voluntary and inexcusable to its ethical obligations".Laura Pfeiffer, whistleblower alert ?
The new sleeve that was played in cassation has rightly focused on the nature of these revelations. By submitting documents that prove the pressures of the human resources department of Tefal, labour inspection, Laura Pfeiffer would not have committed a breach of professional ethics, but would have had the role of a whistleblower alert. However, since November, 2016, the law Fir 2, further protects this status. It is therefore appropriate to retry the inspector in the light of this new legal text, enacted at a time when held the appeal trial. "In French law, when a more lenient penal law, arrives in court for trial, it must be applied. What had not the court of appeal," says Laura Pfeiffer
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Now, any "natural person who reveals or points out, disinterestedly and in good faith, a crime or a criminal offence, a serious and manifest breach of an international agreement regularly ratified or approved by France, of a unilateral act of an international organization adopted on the basis of such a commitment, of the act or the regulations, or a threat or serious harms to the public interest, of which she had personal knowledge" may enjoy the status of whistleblower and therefore be recognized as not criminally responsible.
breaking the judgment call that instructed Laura Pfeiffer, the supreme Court seems to follow this path and request new judges to re-examine the dossier, taking into account recent legal developments, which had not been the case.The inspection of the work in solidarity
in Solidarity with their colleague, several trade unions of the labour inspectorate welcomed this decision. "This verdict is an encouragement for the agents of the labour inspectorate, in a context where the department multiplies the sanctions, threats and notes a service designed to make not, have responded to the CGT, Sud, CNT, FO and the FSU. We continue to demand a public condemnation of the actions of Tefal by the minister of Labour. We call on our colleagues in the services to organize collectively to resist the threats and sanctions, in defence of a labour inspection system independent of political power and patronage."
If the case is Pfeiffer has taken such a magnitude, it is that it has crystallized the fears of the professionals in the control of labour law, who fear a form of "development" not of the profession, particularly with the recent entry into force of a code of ethics. "In this case, it is clearly the hierarchy that was faulty, but it was hard on me, denounces the inspector. In off, it supports me but it has never had public words of the minister, or the previous, to condemn the actions of the hierarchy or the behaviour of Tefal."
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as far as the argument that the young woman did not comply with the professional secrecy inherent to their position is considered aberrant. The law specifies that "the inspectors of labour are required, under penalty of the sanctions pénal or disciplinary measures, not reveal, even after leaving the service, the secrets of manufacturing or commercial or working processes which may come to their knowledge in the exercise of their functions". But nothing more...
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Galvanized by the decision of the Court of cassation, the young woman intends to lead this new round of judicial. "I will continue until the end because my purpose is to recognize that I have not committed any fault," concludes Laura Pfeiffer. I just did my job." Contacted by The Express, the company Tefal has not responded.
Publish Date : 06 Kasım 2018 Salı 14:40
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