2023-12-02 10:16:01
Par Fabien Deze
Published on 2 Dec 23 at 11:16 See my news Follow 78actu
Employee of the Val Fourré sorting center in Mantes-la-Jolie (Yvelines) since December 2005 (on permanent contract since 2007), was Héléna Machado unfairly dismissed by La Poste management?
This is what the 37-year-old postwoman and around twenty of her colleagues assure. On strike this Thursday, November 30, 2023, they came to support her in the streets of Mantes-la-Jolie.
Faced with significant family and health concerns, Héléna Machado has been taking more sick leave since 2019 (up to 200 calendar days in 2020 and 2021). His employer accuses him of using five false sick leaves since March 2023, documents included.
The first four are between March 30 and May 6, 2023. The last was established on August 21, 2023 for a duration of five days.
A sick leave issued by an imposter
For her part, the postwoman only recognizes one fraudulent stop, that of the end of August.
“I was sick on Sunday and I couldn’t find any appointments on Doctolib. While searching the internet, I found a doctor online who provided me with a stop. It later turned out to be an imposter. »
Héléna Machado.
This mother of four children, however, denies having falsified the first four sick leave certificates. To prove her good faith, she sent us four copies of the sick leave certificates in question issued by a general practitioner in Mantes-la-Jolie. At first glance, no problem is obvious.
Contacted in order to authenticate the documents, the doctor in question had not responded to us at the time of publishing this article.
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Four other sick leaves pose a problem
In the first file established by the management of La Poste against Héléna Machado there are four Cerfas, certainly indicating the same dates of termination, but without signature or stamp of the doctor in question.
“We are surprised that there is no doctor’s stamp or signature. And the writing is the same on the part reserved for the doctor as on the insured part,” we can read in a document signed by an HR management manager from La Poste.
La Poste goes even further. “The falsification and fraudulent use of administrative documents are so serious that they make it incompatible for Ms. MACHADO to remain in the post office workforce. »
For Laurence Chanpémont, member of the CHSCT (Health, Safety and Working Conditions Committee) and CGT union delegate, Héléna Machado was the victim of a frame-up. She believes that “the company falsified judgments to make its case worse. She wants to make the file heavier. »
Troubling oversights for the defense
In the postwoman’s defense file, we can read about the four sick leaves in question: “As part of the subrogation, La Poste maintained Héléna’s salary and received daily allowances from the CPAM. During your investigation, you should have been able to note that the daily allowances were indeed paid to La Poste for all these stoppages, which implies that at the CPAM level, the work stoppage was indeed provided and that the file is in order. »
But why do Héléna Machado and the management of La Poste produce different documents regarding sick leave for the first half of 2023?
Héléna Machado’s defense puts forward several hypotheses, including one which, according to her, has more credibility: “The stops would have been replaced by management (editor’s note: from La Poste). »
“You defend the theory that Héléna would have given these documents to her management, who would have sent them to the CSRH (editor’s note: Human Resources Service Center). Which means that the management and the CSRH, despite their experience in the matter, would have failed in their obligation of control by not detecting the first elements of the list of checks to be carried out upon receipt of this type of document. We don’t believe it. »
Before concluding: “Because Héléna is often off work lately due to her medical fragility, she is disturbing. Its management engaged in the construction of a disciplinary file with too few elements, and chose to replace the real work stoppages with false ones to ensure a radical outcome of the procedure. »
Who’s telling the truth?
Who is telling the truth in this story? Difficult to say, especially since the postwoman did not attend the interview prior to her dismissal on October 3, 2023, having not received the registered letter following a change of address following her divorce .
One thing is certain, between the different documents brought to our attention (which are the fakes, which are the real ones?), the writing differs…
Héléna Machado in any case seems determined to prove her “innocence” in the weeks to come.
” I feel very bad. I have four children. I am the owner. I have a loan to pay… Of course, I have personal problems but I am not a problem. »
Héléna Machado
During the joint consultative commission (CCP) of Friday November 24, 2023 which ruled on the fate of Héléna Machado, only one sick leave (that of the fake online doctor) was finally accused of the postwoman in the accusation file .
“Among the four representatives of La Poste management, two abstained on the question of dismissal and that of the absence of sanction. It’s still quite surprising. »
A union delegate present that day.
When contacted, La Poste management did not wish to “make comments on the procedure as such”. However, she assures that “the facts are sufficiently serious to impose a sanction which goes as far as dismissal”.
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