Conseil de prud'hommes de Paris, 22 mars 2010, 09/08698
Court: | Conseil de prud'hommes de Paris (France) |
Docket Number: | 09/08698 |
CONSEIL DE PRUD'HOMMES
DE PARIS
27 Rue Louis Blanc
75484 PARIS CEDEX 10
SECTION
Activités diverses chambre 4
RG N F 09/08698
J U G E M E N T
contradictoire et en dernier ressort
Prononcé à l'audience publique du 23 Mars 2010
Composition de la formation lors des débats :
Président :Monsieur Bernard INDUNI, Conseiller Employeur
Assesseurs:
Madame Odile RAVIOT, Conseiller Employeur
Monsieur Didier LESOUEF, Conseiller Salarié
Madame Leïla BELAZRI - CROCHET, Conseiller Salarié
Assistée de Joséphine NGO TANG, Greffier
ENTRE
Madame Fanta Z...
Née le 25 Avril 1971
Lieu de naissance : BAMAKO (MALI)
...
75014 PARIS
Partie demanderesse, représentée par Maître Diane MATTOUT Avocat au barreau de PARIS, nommée au titre d'une aide juridictionnelle Totale numéro 2009/046213 du 09/12/2009 accordée par le bureau d'aide juridictionnelle du Tribunal de Grande Instance de PARIS
ET
Madame Simone A...
...
75001 PARIS
Profession : Particulier
Partie défenderesse, représentée par Maître Sarah PINEAU, Avocat au barreau de PARIS
PROCÉDURE
- Saisine du Conseil le 26 juin 2009
- Convocation de la partie défenderesse, par lettres simple et recommandée reçue le 2 juillet 2009, à l'audience de conciliation du 8 septembre 2009
- Débats à l'audience de jugement du 9 mars 2010 à l'issue de laquelle, les parties ont été avisées de la date et des modalités du prononcé.
Dernier état de la demande principale
- Indemnité de licenciement 2 118,16 €
- Dommages et intérêts pour résistance abusive 700,00 €
- Article 700 du Code de Procédure Civile 1 000,00 €
EXPOSE DU LITIGE
Les faits non contestés :
Madame Fanta Z... a été engagée par Madame Simone A..., en qualité d'assistante de vie, dans le cadre d'un contrat de travail à durée indéterminée, à compter du 29 mars 2009.
Madame A... ayant été hospitalisée en séjour longue durée, elle a licencié Madame Z..., par courrier du 17 mai 2009.
La Convention Collective applicable est celle du Particulier Employeur.
Les dires en demande :
La salariée a été contrainte de saisir le Conseil de Prud'hommes en raison d'une contestation sur le montant de l'indemnité de licenciement.
En vertu de l'article R.1234-2 du Code du Travail, modifié par décret n° 2008-75 du 18 juillet 2008, l'indemnité de licenciement ne peut être inférieure à un cinquième de mois de salaire par année d'ancienneté, auquel s'ajoutent deux quinzièmes de mois par année au-delà de dix ans.
Ces dispositions sont applicables aux licenciements notifiés à compter de la date d'entrée en vigueur de...
Pour continuer la lecture
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