Friday, May 27

Social. 177 contracts and thirty years at Kronenbourg: the ex-employee who wanted a CDI rejected

A former employee of the Kronenbourg brewery in Obernai (Bas-Rhin), who had accumulated 177 short contracts in nearly 30 years and denounced before the industrial tribunal discrimination in hiring because of his North African origins, was dismissed Tuesday, teaches us Alsace.

The plaintiff, Rabah M., 62, “has been dismissed from all of his requests,” said the industrial tribunal of Saverne.

“Seasonal activity”

The advisers considered that “I brought no proof” of discrimination in hiring, specified Me Nicole Radius, the lawyer of this sexagenarian, father of four children whose case had been widely publicized, in particular in articles of Rue89 and the daily newspaper Le Monde.

The court also considered that, insofar as “Kronenbourg has a seasonal activity, it has the right to use fixed-term contracts and interims as it sees fit”, added the lawyer, announcing that she was going to appeal .

Asked, Kronenbourg did not react immediately.

161 interim assignments, 16 fixed-term contracts between 1992 and 2019

Me Radius had pleaded for the requalification of the “161 interim assignments and 16 fixed-term contracts” that his client had accumulated between 1992 and 2019, mainly in the “barrel” workshop of the famous brewery of the Carlsberg group.

According to the lawyer, the refusal to hire him on a permanent contract amounted to discrimination in hiring because, of the more than 270 workers hired on a permanent contract between 2012 and 2019, “none had a North African-sounding name”.

Me Radius claimed 200,000 euros in damages, including 53,000 for unfair dismissal and 39,800 for discrimination in hiring. According to her, in 2013, Rabah M. had asked to be hired on a permanent contract but had been refused by Kronenbourg. In 2019, the lawyer had requested the reclassification of her client’s short contracts as permanent contracts, again to no avail.

Damaged on his retirement pension

The brewery then stopped giving him contracts, according to the lawyer.

Now retired after two years of unemployment, Rabah M., who “has kept a low profile for 30 years”, receives a pension much lower than that which he could claim if he had been on a permanent contract, underlined Me Radius, according to which his client also suffered during his career at the brewery remarks “bordering on racism” from certain colleagues.

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