Conseil de prud'hommes de Grenoble, 31 décembre 2008, 08/00403
| Court: | Conseil de prud'hommes de Grenoble (France) |
| Docket Number: | 08/403 |
CONSEIL DE PRUD'HOMMES
Palais de Justice
Place Firmin Gautier-BP 140
38019 GRENOBLE Cedex 1
RG N° 08 / 00403
RÉFÉRÉ
AFFAIRE
Christian X...
contre
SOCIETE MORY TEAM
GRENOBLE
ORDONNANCE DU
31 Décembre 2008
ORDONNANCE DE RÉFÉRÉ
Prononcée par mise à disposition au greffe le 31 Décembre 2008
M. Christian X...
...
Profession : Ouvrier
Assisté de Me Sophie BAUER CACHAT (Avocat au barreau de GRENOBLE) substituant Me Flavien JORQUERA (Avocat au barreau de GRENOBLE)
DEMANDEUR
SOCIETE MORY TEAM GRENOBLE
24 rue Arago
BP 346
38000 GRENOBLE
Représenté par Me Jacqueline CORTES (Avocat au barreau de PARIS)
DEFENDEUR
COMPOSITION DE LA FORMATION DE RÉFÉRÉ LORS DES DÉBATS ET DU DÉLIBÉRÉ
M. Jean-Paul MICHEL, Président Conseiller Salarié
M. Christian REYMOND, Conseiller Employeur Assesseur
Assistés lors des débats de Serge DIBIDABIAN, Greffier
PROCÉDURE
Enregistrement de l'affaire : 27 Novembre 2008
Récépissé au demandeur : 28 Novembre 2008
Citation du défendeur : 29 Novembre 2008
Audience de référé : 17 Décembre 2008
Décision prise : Affaire mise en délibéré pour une ordonnance être prononcée le 31 Décembre 2008
Monsieur Christian X... a saisi le Conseil de prud'hommes de Grenoble en référé à l'encontre de SOCIETE MORY TEAM GRENOBLE afin de :
- constater que Monsieur X... a fait l'objet d'un licenciement nul faute d'autorisation de l'Administration du Travail
- ordonner sa réintégration sous astreinte de 500 € par jour de retard à compter de la notification de la décision à intervenir
- obtenir 1 500,00 € au titre de l'Article 700 du Code de Procédure Civile
Reconventionnellement, la SOCIETE MORY TEAM GRENOBLE sollicite la somme de 500,00 € sur le fondement de l'article 700 du Code de Procédure Civile.
FAITS ET ARGUMENTS DES PARTIES
Monsieur Christian X... expose avoir été engagé par la Société MORY TEAM GRENOBLE le 16 Avril 1985 en qualité de manutentionnaire.
Il indique avoir été élu au Comité d'Entreprise au sein duquel il exerçait la fonction de Trésorier jusqu'au 18 Avril 2008, date de l'élection des nouveaux membres du Comité d'Entreprise.
Il mentionne que le 24 Septembre 2008, il a été brutalement mis à pied et convoqué à un entretien préalable à un licenciement fixé au 13 Octobre 2008 par lettre recommandée avec accusé de réception en date du 26 Septembre 2008, retirée le 29 Septembre 2008.
Il précise qu'il bénéficiait de la protection accordée aux représentants du personnel pendant une période de six mois suivant l'expiration de son...
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