This nursing assistant from the Emile Durkheim hospital center in Epinal, in the Vosges, no longer exercised her hospital function within the hospital, she was fully dedicated to its union responsibilities. This is what justifies the decision of the administrative court of Nancy which this Friday suspends the suspension of this nursing assistant.
The administrative court of Nancy explains in a press release that “the judge of the summary proceedings of the court ruled by order“and apply”criteria established by the jurisprudence of the Council of State“. A suspension that should not apply.”to health professionals only because of the effective exercise of their activity“.
This is not the case with the spinal caregiver according to the administrative court, which emphasizes that it is “100% discharged of her nursing duties“, without having contact with people at risk or caregivers or within a hospital.geographic distance“in favor of which had pleaded Me Catherine Faivre, the lawyer of the nursing assistant.
“The summary judge therefore considered that she was not carrying out a nursing assistant activity.“, and considers that she is not concerned by the vaccination obligation.