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Dismissed on the basis of a photo showing him asleep, a cleaning officer sues his employer

A cleaning officer, sacked in 2018 for a photo of him posted without his knowledge on the Internet while he was asleep in working clothes, disputes his dismissal, Tuesday, January 14, before the industrial tribunal of Créteil, he said. we learned from his lawyer.

Since 2011, Adama Cissé, 37, has collected waste from the streets of Paris. In September 2018, during one of his tours, he stopped “To take a break”, says his lawyer, Joachim Scavello – confirming information from the Parisian -, and that suffering from foot pain after a fracture, he took off his shoes.

On Twitter, a user who presents herself as “A Parisian who has things to say”, then posts a photo where we see Adama Cisse lying on a window sill, in his green and neon yellow outfit of cleaning agent, barefoot and visibly asleep. “Tonight at 5:40 pm rue Jean-Lantier 75001 Paris … This is what the local taxes of Parisians are for, to pay the cleaning agents to snooze, we understand why Paris is so disgusting”, comments this user under the photo.

“He was on break, not at work”

Adama Cissé is then summoned by his employer, Derichebourg, who resumed his contract in 2015. A month later, in October 2018, he was dismissed for ” serious misconduct “, according to the request before the Labor Court that Agence France-Presse was able to consult. “This attitude revealing your desire to doze off during your service was the subject of a severe complaint from our client”, justifies the company. Derichebourg also responded directly to the user on Twitter: “Derichebourg Environnement does not endorse this type of behavior on the part of its employees. The person who appears in the photo is subject to disciplinary proceedings. “

The employer “Hit very, very hard, for not much”, denounces Adama Cisse’s lawyer. “We don't dispute the photo, but there is a context behind it. He was on break, not at work ”explains Me Scavello. Outraged “Not very pleasant public proportions” that the case took by being posted on social networks, “The question arises: can we use a photo taken without someone's knowledge during a break to dismiss them? “ he also asks. The decision is expected to be taken under advisement at the end of the hearing on Tuesday afternoon.

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