To drive a little more nail, let us come to the figures mentioned about the appeal and the content of the decision of the court of the second degree.
Three out of four labor tribunal judgments are subject to a remedy, that is to say, conversely, in only one out of four cases, the decision of first instance becomes final. Let's bring this "one in four" of the "one in five" of the business that goes out of tiebreaker and let's take the leap. We would be tempted to infer that in fact only a very small part of the labor tribunal decisions made by the labor councilors alone do not involve any recourse, the vast majority being appealed or, more rarely of an appeal.
You could tax me in bad faith by retorting me that anyway, these decisions of first instance were mostly confirmed on appeal (54.8%) or cassation (80.1%).
On the one hand, the percentage of confirmation on appeal seems very low: one judgment out of two is. On the other hand, it is to forget, once again, that one can make say what one wants to statistics: the majority of the confirmations are partial confirmations and which says partial confirmation, said partial reversal. But the statistics are not fine enough to make the distinction here.
In addition, remember the phrase that I emphasized: .
What is pattern substitution? This is when the secondary court confirms the decision of first instance but with a different motivation. It recognizes that the judges of the first degree have arrived at the right solution but following an incorrect reasoning. Contrary to what one might think, this happens unfortunately very frequently (I have plenty of example in my file cabinet!).
Can it be reasonably stated afterwards that these figures are a pledge of competence of the prud'homal advisers and the quality of their decisions?
I leave you alone judges.
You will note, in conclusion, that the Keeper of the Seals proposes as an improvement of the functioning of the jurisdiction only an increase in the compensation of the labor councilors and not, for example, an obligation to labor law and civil procedure, a genuine control of their activity and an increase in the number of transplants.
In fact, the two major problems of the Industrial Tribunals still remain the cruel lack of jurisdiction of the Labor Court Advisers and the abnormally long delays in proceedings, in flagrant violation of the principle of the right to a fair trial within a reasonable time guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms.
PS: you will excuse my presentation oriented statistics that led me to a conclusion rather negative but what do you want, professional deformation requires, I had to bring the contradiction to the words of our Minister of Justice.
Remember that the requirement of a person or profession is worthy of the esteem and importance of being recognized (quote of my colleague Fantômette under comment 67 of this article by Eolas).