They fought for years against “rogue bosses”: the Toulouse Court of Appeal ruled in favor Tuesday to former 191 employees of Molex, deeming their dismissal “without just cause” and their granting some € 7 million compensation.
in their decisions, the judges felt that the automotive company Molex connectors of Automotiv, MAS said in Villemur-sur-Tarn (Haute-Garonne) acted “with culpable lightness”, welcomed Jean-Marc Denjean, counsel for the employees.
Nicknamed “Molex”, these employees had become emblematic of the struggle against the “layoffs stock “and” rogue bosses “arguing that the closure of their factory had been” premeditated and remote controlled “by the parent, while they themselves considered their profitable business.
the announcement a backup plan of employment for 280 employees was made in November 2008. the closing was completed on 1 October 2009.
the appeal court of Toulouse has agreed with these former employees because it believes the closure is not based on the crisis in the sector “since it was taken before the deterioration of the market.”
neither the agent nor lawyer Molex could not be reached immediately by AFP.
for the judges, the closure has been decided not to “save” the site’s competitiveness but “in reality to achieve savings and increase the group’s profitability. ” And also accuse the company of not having made “fair and serious research reclassification for its employees”
-. “Molex closes and does not pay” –
“All reports show that during the period 2004-2009, the dividends paid to shareholders by the group were multiplied by six in 2009 and represented a total of $ 100 million (about 72 ME of the rates time), “wrote the judges in the judgment of which AFP obtained a copy.
this decision is yet another legal twist in this folder. It grants compensation ranging from 7,200 euros (for a part-time worker) to 80,000 euros. A total of about 7 million euros to be paid by the AGS (Wage Guarantee Insurance, which is funded by a mandatory employer contribution), according to the count provided to the press by Mr. Denjean.
in March 2014, the Toulouse industrial tribunal had ruled that the dismissals were unfounded, and provided more than 10 million euros in damages to employees. But the payment was suspended following the call of Molex.
In December 2015, following a judgment of the Court of Cassation, the Bordeaux Court of Appeal exonerated from liability the American parent company Molex. It held that it could not be held responsible for the closure of 2009-2010 in Villemur-sur-Tarn unit not be treated as co-employer along with its French subsidiary liquidated.
Automotiv Molex, through its liquidator, has two months to lodge an appeal. In this case, the damages are suspended, told me Denjean, adding that other procedures are still ongoing. They cover four officers and twenty employees protected.
To me Denjean, the Toulouse decision appears as a “great satisfaction.” “The Court of Appeal of Toulouse” understood the meaning of fight “former employees of Molex and unjustified dismissals” appear in full “after nearly” eight years of struggle, “he said during a press conference.
“it does justice to Molex,” he said.
for the former secretary of the CGT CE Denis Parise, this success is still a somewhat bitter taste. “It’s Molex Molex closes but does not pay. AGS will have to substitute. And that is unfortunate, “he lamented, referring to the decision of the Bordeaux Court of Appeal which exonerated the parent
08/09/2016 6:06 p.m..: 27 – Toulouse (AFP) – AFP © 2016
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