Recent case law: The Amazon Covid19 Health Case
Published on :
26/05/2020
26
May
May
05
2020
The Versailles Court of Appeal confirmed that Amazon must limit its activities pending a risk assessment with the works council- On April 24, 2020, the Versailles Court of Appeal confirmed the order of the Nanterre court of April 14, 2020, in that it ordered Amazon France to carry out, with the participation of employee representatives, an assessment of the occupational risks inherent in the Covid-19 epidemic at all of its warehouses and the implementation of the resulting safety and health protection measures. The judges of the court of appeals ordered the company to restrict its warehouses to operations relating to essential product categories listed by the company.
The context resulted from alerts for serious and imminent danger triggered by the staff representatives and withdrawal right used by some employees. Several company’s sites received letters of formal notice from the French Administration (Direccte) in order to implement Covid-19 risk prevention measures. Moreover, there was a criminal complaint issued by some employees against Amazon Logistique for Endangerment (« endangering the lives of others »)
What was the court ruling?
The lower court and the appellate court both found that Amazon had breached the employer’s general safety obligation:
-
- no sufficient risks assessment
- no implementation of the necessary protection measures
- No upstream discussion with the staff representatives on the protection measures to be implemented
However, the Appellate court ruled that the list of authorized activities is broader (i.e. high-tech and stationery goods, products for animals, hygiene, medical and food products).
The financial penalty is less severe than before the lower court: (€100,000 for each reception, preparation and/or dispatch of unauthorized products)
This decision has been seen as signaling a reminder to all employers of the legal liability that they bear in regard to the health and safety of their employees.
Businesses should keep this in mind as they restart their operations.
History
-
Recent case law: The Amazon Covid19 Health Case
Published on : 26/05/2020 26 May May 05 2020NewsNewsletter / Recent Case LawThe Versailles Court of Appeal confirmed that Amazon must limit its activitie...
-
News Flash Covid-19 and Business: French Court orders Amazon to limit activity to essential needs
Published on : 21/04/2020 21 April Apr 04 2020NewsNewsletter / Recent Case LawCoronavirusIn two recent court cases that are important for all employers, the French co...
-
Recent case law | Employment Guarantees in CBA’s
Published on : 12/02/2020 12 February Feb 02 2020Newsletter / Recent Case LawIn a recent case, the French Supreme Court had to rule on the scope of applic...
-
Recent case law | Delivering a copy of the mutually agreed termination to the employee
Published on : 06/11/2019 06 November Nov 11 2019Newsletter / Recent Case LawAt the time of the signature of the agreement of a mutually agreed terminati...
-
The saga of the Macron dismissal indemnification scale continues : a court of appeal admits that it is possible to rule out the application of the scale when an application of the ceiling would result in a disproportionate infringement of the employee’s r
Published on : 17/10/2019 17 October Oct 10 2019Newsletter / Recent Case LawOne of the Macron Orders of September 2017 established a compensation scale i...
-
Any employee exposed to a harmful or toxic substance may, under certain conditions, seek compensation from his employer, due to the obligation to ensure the safety of employees
Published on : 16/10/2019 16 October Oct 10 2019NewsNewsletter / Recent Case LawUnder French law, the “anxiety damage” helps to indemnify the situation of pe...
-
Recent case law | Challenges to the Mandatory Indemnity Scale for Unfair Dismissals
Published on : 29/07/2019 29 July Jul 07 2019NewsNewsletter / Recent Case LawOne of the Macron ordinances of September 2017 set up a compensation scheme i...
-
Recent case law | Equal treatment and company collective agreements
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawOn April 3, 2019 the French Supreme court (Cour de cassation) put a halt on i...
-
Recent case law | Use of Geolocation tools to monitor working time
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawIt happens quite often that companies put in place a geolocation system to mo...
-
Recent case law | Dismissal during the suspension of the contract due to work-related accident
Published on : 25/04/2019 25 April Apr 04 2019NewsNewsletter / Recent Case LawAccording to the labor code, during the time of the absence due to an industr...