Costa News Spain Breaking News | English News in Spain.
Monday, 3 March 20, 15:21
The company knew that it couldn’t dismiss the employee while he was on medical leave, but they did so in previous instances. This time, however, it was different, as the employee who was fired, a Madrid-based head waiter, refused to accept his dismissal. He then took his employer to trial.
It turns out we are busy with work and they need workers. This could mean that your situation is delayed. So, maybe we can reach an amicable agreement.
SUR checked the transcript and found that the company spokesperson was trying to justify their decision to dismiss the employee: “I’ve heard that, when you return from your sick leave and everything is done, they’re counting on you. But, at the moment, the need for more staff is urgent because they’ve already spent money and need help.”
The restaurant worker was to take 36 days off from work while he waited for surgery on a benign cyst in his right foot. Ten days after he started his sick leave, his employer informed him that he was being dismissed, citing “objective reasons”.
He went to court because he was not satisfied with the ruling. He appealed to the Social Court No. The Madrid Social Court No.7 agreed and declared his dismissal as unjustified. It ordered the company either to reinstate him, or compensate him for his lost wages of 564,58 euros. The worker filed an appeal with the Madrid High Court of Justice, requesting that the dismissal was nullified and the compensation due for the violation of his fundamental rights.
The resolution states that the employee was also threatened via Whatsapp by his “boss-of-bosses” in the restaurant after being notified of the lawsuit. “You know my partner is an attorney and I have no costs of legal representation.” You have plenty of time to correct this, and I’m happy to recommend you at your next job. Otherwise, we will tell your employers what type of worker you really are. Choose the easy way, and I’ll be yours. Choose the hard path and you will suffer me.”
The TSJM ruled that the termination of the waiter’s job while he was sick due to a temporary disability was null and void. It also ordered the company to compensate him 4,000 euros in damages and to give him back his job.
