The conflicts that animate the prud’hommes reflect on a daily basis our social history. The hearing in the office of the court shall be public. Regularly, a journalist for The Express purpose of attending the debates.
Paris (conseil des prud’hommes, section coaching, 9 July 2018, 15: 30.
The president is surrounded by three advisors. In the Face of them, master Jean-Luc Chouraki represents Nathalie André, former director of programs on Europe 1, and the lawyer of the radio station (Europe 1 Téle Company), Sébastien Leroy.
The lawyer Nathalie André requests that the dismissal be recognized without cause real and serious and that his client should not be considered as senior officer. He asks 139 496 callback overtime between September 15, 2016 April 15, 2017 and 13 949 euros of paid leave related, 71 461 euros in respect of compensatory rest, and 7 146 euros of paid leave related, and 112 500 euros for work hidden. He also asked 22 976 € callback variable pay and 2 297 euros of paid leave related, 200 000 euros in respect of the termination without cause real and serious, 50 000 euros for running unfair of the labour contract and 50 000 euros for dismissal brutal and vexatious and 10 000 euros to article 700. The counsel of Europe 1 claiming 1 500 euros to article 700.
The president : “We listen to you.”
The lawyer Nathalie André : “Nathalie André has signed a DTA on September 15, 2016 with a recovery in seniority September 15, 2011. She has been debauched France 2 to join this adventure on Europe 1 that lasted one season.”
The lawyer Europe1 : “She has a year and a month’s duration during the rupture. Of course it has benefits for five years and five months, but the recovery of seniority is only valid for the calculation of the termination indemnity and only in this framework. I insist : it does not have five years of seniority and I would add that it has affected 52 000 euros approximately, on the occasion of the termination of the employment contract. It is an indemnity contract. In addition, it has not been debauched France 2, she took the risk to come on Europe 1, to meet the challenge of the audience !”
The lawyer Nathalie André : “She is the director of programmes and it is indicated on the contract work that it has the status of a ‘senior officer’. I will explain why it is not. His salary is 15 000 euros per month for 13 months, plus a variable income up to 29 250 euros on the year. But it is a variable with no objective.
Convened on July 5, 2017 for an interview prior to dismissal on 17 July, she is excused from activity as early as 5 July. Nathalie André is under no illusion about the outcome of this interview. In fact, three months prior to her dismissal, the press is the echo of its next eviction and their replacement by Emmanuel Perreau. His successor was announced at the same time as that of the director-general, Frédéric Schlesinger, who came from Radio France.
Listen to the timeline : even before she received her invitation to the prior interview to the dismissal, Schlesinger brings together all the staff of Europe 1, with the exception of Nathalie André still the director of programs. Emmanuel Perreau is presented as to preside over the programs, as well as the new team. We are on 3 July, two days before his convocation. The dismissal is notified on the 24th of July. It is a termination record, without cause real and serious.”
The president : “That is to say ?”
The lawyer Nathalie André : “as early As January 2017, Europe 1 seeks replacements. This will be finalized in may 2017, two months before the formalization of Perreau and Patrick Cohen [in replacement of Thomas Sotto for the morning of 2017-2018, editor’s note]. Before being thanked, Nathalie André passes the instructions to Perreau on facilitators, programs, drivers. “You do what you want”, she said to him.
A new diagram is presented here again, before even that the dismissal is notified. Perreau is in the direction of the programs and of the antenna, with a portfolio larger than the one of Nathalie André.”
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The lawyer Europe1 : “I disagree with the dismissal record. Nathalie André has not been replaced neither by Perreau, nor by Nadia Milosevic, assistant director of programs as the press has echoed. Perreau is an upper stratum. After his dismissal, it works with a director of the antenna and a deputy director, that existed elsewhere before.”
The lawyer Nathalie André : “Nadia Milosevic arrives on February 18, 2018. Between July 5, 2017 and February 18, 2018, which ensures the management of the programmes if this is not Perreau ? “
The president : “What is the reason for the dismissal?”
The lawyer Nathalie André : “Failure professional. It’s never happened before. Nathalie André has 40 years of professional experience, she has worked with the biggest, it has more than 3 000 programs, which is a leading personality in this field. People who have had to appreciate the quality of his work on Europe 1 are not there anymore. Schlesinger and the one that replaced it, not more.
She is fired for incompetence and he also criticised a lack of results. But you will look in vain for the objectives that could be set. For its evaluations, she receives an email from Richard Lenormand, the director-general, who tells him :”Hey, you complete and we’ll see you later.”
In a season, it has experienced two presidents and three DG. Europe 1 is experiencing a descent into hell, since 2014, in fact since the departure of Ruquier sur RTL. It has no influence on the slices of information, such as that of 5 hours to 9 hours. It is said to be responsible for the decline in results, but you have no account balance. And while being terminated for incompetence, it is assigned the 6 April 2017, 500 free shares to mark its “excellent performance”. Finally, no warning for this failure. If absurdity could kill… ”
The president : “We understand…”
The lawyer Nathalie André : “Nathalie André has been recruited for the programming of 2017-2018. She is subjected to the current programming, which is not of his own doing. When she arrives, the scandal Morandini broke out. It is present on Europe 1 with a broadcast beacon.
The next day, it must make adjustments. In addition to this earthquake, it has the hands associated with a leader who imposes on people she didn’t want to, as Helena Morna, which has caused falls hearing catastrophic. It has made proposals for grids, skins. She had no response. The direction was somewhat absent… For the issuance of Daphne Bürki, “Hello France,” this is Nathalie André, who set up the opening to the listeners. It is she who wished to bond with the legal, medical, and consumer, which attracted 140 000 listeners more.”
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The lawyer Europe1 : “the actual cause of The dismissal is justified. Madame André was to adapt the grid of programs to stem the decline of the hearings. The observation was made, for the lack of results as the hearings continue to fall. Ditto for the incompetence because it does nothing in the effort to contain it.
he Is accused also of having taken decisions that have not been successful. On “Hello Europe 1”, Nathalie André obtained the departure of Helena Morna imposed by Denis Olivennes. This is Thomas Thouroude that replaces it, at the request of madame André. But the hearings do not date back. Another example, Alexandra Sublet that animates “The great court” from 16h to 18h. Nathalie André requested that the schedule goes from 15: 30 to 17: 30. It is accepted, but the audiences continue to decline. I can still quote “The heart of history” by Franck Ferrand, and “Hondelatte Says” with adjustments that do not bounce the hearings. I can tell you the show time slot by time slot, I took the results of plate-forme…
The loss of hearing affect the advertising. She tells us that this is not his fault if audiences are dropping, but it is to be paid for the make up. It affects more than 16 000 euros per month ! Hear “it was already in decline, this is not my fault” is not eligible. And she has a free hand : the evidence, the replacement of Morna by Thouroude !”
The president : “On the notion of a senior officer ?”
The lawyer Nathalie André : “It was the autonomy of her schedule, we agree. But she had one of the remuneration of the highest levels of the company ? God only knows. I doubt it a little, but my opponent never gave me any numbers. She had no responsibility in the area of business management, February 18, 2017 it is a financial request, and he indicates that it is necessary that it is addressed to the DAF [director of financial affairs].”
The lawyer of the Europe 1 : “She works in a framing budget constrained, as ministers, that is normal.”
The lawyer Nathalie André : “It is not the executive officer, she has had to deal with people who were not paid by Europe 1…”
The president : “volunteers, what !”
The lawyer of the Europe 1 : “It is defended !”
The lawyer Nathalie André : “She was scared. One could no longer pay her rent, she takes care of that. For a columnist, she has been forced to intervene in order that 150 euros will be settled… She has participated in three steering committees, but never to an executive committee or at least THIS. Perreau however… ”
The lawyer of the Europe 1 : “The criterion of autonomy is not challenged, it had decision-making autonomy. It has benefited from free shares, it is true, and they are only two employees have had this privilege. Perreau is associate director and director. He has no employment contract, no job center, Nathalie André, though !”
The president : “The additional hours ? “
The lawyer of the Europe 1 : “The mode of proof is very limited and insufficient. The demonstration of his actual work is not done. You make a encryption fixed to 60 hours per week. It needs to be more end. I request the lost.”
The president : “Madam, a word ?”
Nathalie André : “Just a clarification. I’ve never participated in the Executive committee [executive committee]. With respect to the grid that had been made before my arrival, I suffered. I had to fill. I have a lot fix the grille in place, I worked a lot on the grid to come. Our life is made up of overtime, I don’t care, but now, I have the impression of me being scammed.
I worked 14 drivers on 2017-2018. I suggested Nikos Aliagas the morning, there will be in September. I made more than 3 000 tv shows, I started working at the age of 16 years, I’ve always worked since and I can tell you that the words “incompetence” and “incompetent” may not apply to me. They have me stopped in my professional career, it is humiliating, it is unfair…”
The president (the lawyer European 1) : “You have the last word.”
The lawyer of the Europe 1 : “I salute the career of madame André.”
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16: 20. The chairman : “The debate is closed.”
Pronounced in October.
