This is the first sentence spoken in the Foral Community applying the Comprehensive Equal Treatment and Non-Discrimination Act. The employee receives 9,700 euros as non-received subsidy and compensation.
The head of the Social Court number 3 of Pamplona quashed the resignation of an employee who was on sick leave and forced the company to hire him back. It’s about the first sentence in Navarra that analyzes the annulment of dismissal due to illness or health condition following the adoption, last July, of the comprehensive law on equal treatment and non-discrimination.
As reported by the Supreme Court of Navarra (TSJN) in a note, the employee will receive 2201 euros for the supplement to the temporary disability benefit that he no longer receives, as well 7500 euros more as compensation for moral damage.
According to the court ruling, which can be appealed to the TSJN, there are “enough clues to prove a discriminatory motivation in the decision made by the company”, dedicated to the wholesale of frozen fish and seafood. The judge cited, among other things, that in this case there was no breach of contract or lack of previous performance and points on the “obvious proximity between the dismissal and the decision” to terminate the contract, thus establishing that it was dismissal “fraudulent and baseless”.
The dismissal by the magistrate, carried out on July 14 – two days after the entry into force of the standard – results “solely and exclusively” from the situation of illness and sick leave in which the employee was a few days before the notice of dismissal.
Source: EITB
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
