CC appeals to French Government in dismissal dispute
Legal Week Reports
July 27, 2005 at 08:03 PM
2 minute read
Clifford Chance (CC) has appealed directly to the French Minister of Employment – Jean-Louis Borloo – as its long-running battle to dismiss a local associate and union representative escalates to government level.
As Legal Week went to press, the UK firm's French managing partner, Yves Wehrli, was scheduled to meet with senior officials at the Ministry of Employment yesterday (27 July) in the latest round of the acrimonious dispute with lawyer Avi Bitton.
The talks are aimed at ending an eight-month row with the associate, which has already gone through two hearings, as CC attempts to terminate his contract following a fall-out over his appointment as a union representative.
The argument began in January after Bitton became a representative of a union called the French Federation of Christian Workers.
CC is arguing the union appointment is solely to protect Bitton from dismissal, although Bitton insists he has been involved in union activity for three years.
Union workers in France are heavily protected and a company needs authorisation from the Ministry of Employment to dismiss a union representative.
In February, CC contested his nomination, although Bitton's second role as a representative to the union's personnel committee was not challenged. The court ruled the first appointment was invalid.
In March, the firm then went to the labour inspection office, the Employment Ministry body that handles alleged breaches of French employment laws, to seek permission to terminate his contract. The office, however, considered his motivation in becoming a union member was a separate issue from his employment contract and refused authorisation of dismissal.
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