The TAM company sued by one of its drivers, recognized as disabled

The TAM company sued by one of its drivers, recognized as disabled

Le conducteur-receveur handicapé dénonce les propos de sa responsable hiérarchique. Midi Libre – JEAN MICHEL MART

A controller benefiting from the status of disabled worker sues the Metropolitan transport company, TAM, before the industrial tribunal for unfair execution of his employment contract… And before the court for harassment and discrimination.

Has a TAM receiving driver, in post since 2001, been subjected to inappropriate treatment by the transport company due to his disability& nbsp;? This is the issue at stake in the trial which was held this Wednesday, June 26, before the industrial tribunal. According to Samir K., who suffers from lumbar sciatica, particularly hurtful comments were made towards him during a meeting organized with his colleagues by the TAM control manager.

Considered a work accident

Humiliating statements which led this 49-year-old man to take sick leave, subsequently considered as a work accident by the Primary Health Insurance Fund. "M. K. was arrested in an unacceptable manner, made of invectives, threats" believes his lawyer, Me Charles Saliès, referring to the qualifier & ;quot;lame" pronounced in front of the audience.

In essence, his superiors would have criticized the driver-receiver for pretending to limp when he was inside the company in order to be assigned to the control and security service. securing buses but not driving. A few days before the meeting, the occupational doctor recognized an unfitness for the positions of bus or tram driver but his manager indicates that she does not want any partially unfit employee in her department. "Incapacity could be synonymous with dismissal" observes the lawyer who asks the industrial tribunal to "mark the occasion" faced with a "dysfunction" having generated unfair execution of the employment contract and deep distress for his client.

Doctor who "dances tango"

According to TAM, the demonstration however comes up against a "absence of proof". An internal investigation carried out at the initiative of management among ten employees concluded that the words attributed to Mr. K's line manager did not exist. "Of the ten people, eight do not confirm the statements. It was he who came to talk about his illness" assures Me Patrick Lanoy according to which, the open litigation came to succeed "a curious behavior" of the driver-receiver. The transport company also relies on a change in the decision of the occupational doctor who finally issued an opinion that Mr. K was fit to drive, one month after notifying the contrary. "One step forward, one step back, it’s a doctor dancing the tango" mocks Me Saliès.

The industrial tribunal will render its decision on December 5. At the same time, M. K. and his lawyer specify that the prosecution has decided to receive the complaint for discrimination and harassment. A hearing is also scheduled for the end of the year.

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