After a two-year illness leave and joining a new company in a nursing home he headed, Alfredo (not his real name) complained to his new boss – Aralia Servicios – about the food and drink being distributed. The elderly and he also raised the need to hire staff. Claims, which began in January 2021, were submitted in writing. In the exchange, he linked the lack of protein and albumin deficiency in some users of the Santa Maria Real de Nager (La Rioja) Nursing Center to the fact that they had “stopped eating fresh fish, fresh meat” and, in turn, warned of “poor quality milk”. “, According to the documentation available on elDiario.es.
Following these and other complaints and notifications, the company’s management ousted Alfredo’s residence and transferred him to another center. Jurisprudence has recently overturned Aralia’s decision, which she said was motivated by this employee’s claim to improve service and not compromise the quality of housing where the elderly live.
In addition to instructions on food and drink, he said in these communications that the staff-to-population ratio was not maintained as it is a center that has 100 seats arranged with the La Rioja Autonomous Government as it collects the website. Ministry of Social Services. “I testify that we are not adhering to administrative points, but with this administrative offense, I am reaffirming the disturbing balance of work-related accidents / incidents registered at our residence since the beginning of 2021,” Alfredo explained in an email to several managers. March 3, 2021 of the company.
“Nothing more and no less than four accidents and one incident, that is, we are already the center of a high accident rate and now we have started March,” – the director analyzes. He added: “I assure you that for more than 9 years since I became director of Najeri, we have never had these figures. Moreover, I can confirm that there have been whole years where we have not reached so far. The volume of accidents. ” Along the same line, he noted that “deficits in numbers translate into workers’ health, so it is essential to cover all sick leave and maintain the ratio required by the inspection service.” “If we do not do this, we will add the labor violation along with the administrative violation,” the verdict was written, always according to the documentation consulted by this newsroom.
A day after this email, the company informed Alfredo that he was being transferred and that from March 22 of the same year he would become the director of the day center, which is also run by businessman Jose Luis Ulibar, the company Aralia. In Burofax sent by the company, the person in charge of human resources provided for this decision under Article 22 of the Autonomous Collective Bargaining Agreement for Private Housing, which allows for mobility in the region.
Alfredo upheld the decision, and the High Court of Justice in La Rioja upheld it. “The plaintiff presented a solid indicative panorama of the causal and chronological relationship of the impugned geographical mobility measure and his continuing claims against the company itself, without being distorted by the defendant, who did not present any corroborative evidence that his decision was justified. “For any objective and reasonable external reason,” said the magistrates of the Social Chamber in the verdict issued on February 24 and appealed.
The ruling overturns the “geographical mobility measure” and condemns Aralia for reinstating the plaintiff “in the previous job, as well as paying him 4,000 euros in compensation”. As for the center where the company was going to relocate Alfredo, the magistrates acknowledge that his work there has resulted in a lower “workload”.
The plaintiff was the director of the residence for more than ten years. Until June 2019 he was part of Domus Vi headquarters and from that date he was subrogated in Aralia. He only began a relationship with the new seniors before January 2021, as the company change coincided with the start of a temporary disability leave from which he recovered a year and a half later. The ruling includes several communications sent by Alfredo to those responsible for the company following the resumption of its operations.
“On January 25, 2021, the actor sent a statement to the company stating that after his recovery, he noticed that milk powder, powdered juice and tap water were being supplied to customers when they were previously given mineral water, and demanded a return to the milk supply. And juice in Tetra Brick and mineral water, as well as the quality of white beans as soon as possible, “the proposal reads. The company’s response – according to the court document – was “that they would talk to the supplier’s technician to improve the final quality of the milk and juice”, as they were driven by machines.
This case “was revealed by listening to the comments of cognitive users and a member of the multidisciplinary team” about the poor quality of juices and milk “. “Tasting was conducted with the doctor, two occupational therapists, the supervisor and the plaintiff, and after various examinations, after adjusting the apparatus and changing the worn part, the result was not satisfactory for any of the five,” the magistrates said. .
The same day he received the Burofax, Alfredo insisted on the matter, reiterating that “the juice and milk obtained from the machines were not of good quality and that they should be removed immediately,” the proposal reads. Five days later a “new incident was opened with regard to the quality of the vegetables supplied to another supplier.” In a subsequent email informing of the job transfer, the company’s supply manager assured the plaintiff that if these drinks were not “accepted”, they would have to replace them, although he warned that the machine had tried dairy products at three centers and did not consider it “unacceptable”.
The exchange of emails continued after the issuance of Burofax. “On March 12, the actor sent a letter to various Aralia managers about protein deficiency. [de] Ten users and two of them with albumin deficiency. In the mentioned e-mail, the plaintiff related the mentioned circumstance about the cessation of poor quality consumption of fresh fish, fresh meat and milk, ”the verdict reads.
The magistrates argue that Alfredo’s claims “have a clear significance and a working prognosis, given that what relates to the quality of food and beverages delivered to consumers and the condition of the facilities affects matters that are fully within their professional responsibilities.” And responsibility. ”
“It simply came to our notice then [quejas] As for compliance with the ratios, since, on the one hand, due to his managerial position, the actor is responsible for notifying the administration of the compliance with the concession and, on the other hand, as directly stated in the email sent on March 3rd. Violations in this matter have a clear labor significance, as they affect the working conditions of employees, ”the court argued.
For the La Rioja TSJ, “the plaintiff presented absolutely solid evidence that the employer’s decision to transfer him to his new job” maintains “an intimate, temporary and etiological connection with the labor court complaints, which ended in an e-mail sent the previous day.” , In which he warned of the intention to contact the Service Inspectorate.
Despite this ruling, the company maintains that changing Alfredo’s position was “just an organizational decision.” Regarding the facts disclosed by the plaintiff, the official sources of the company claim that the conditions set in the administrative points are observed, because “at a certain moment and in specific situations, the ratio of employees or is a victim of staff. “Different reasons are not equal to incompatibility.”
With regard to complaints about the quality of beverages and food, Aralia claims that its suppliers are “already well-known companies” and that they are responsible for “the same delivery to other centers”, “without any problems”. . They also confirm that the fish they buy is frozen “to prevent the problem of parasite poisoning” and the meat is “sold fresh, despite any excess that may be frozen during the shelf life.” And they point out that the company’s menus are “calibrated”.
From January to March 2021, Alfredo was not the only one to hand over to the company the need to hire more staff. The committee of the Najra Residence Company – always based on a proposal – also noted a “lack of health personnel”. “Today, as of March 12, 2021, we will not have a doctor and we will have only one out of 6.5 nurses who have to work in the residence,” said union representatives, who also said that “it is not a fact. “Replacing workers means reloading over time, which will eventually lead to many casualties due to work-related accidents and general neglect.”
The Feb. 24 verdict was overturned by a court of first instance that dismissed Alfredo’s allegations, arguing that Aralia’s actions were “legal.” Neither the High Court of Justice nor Aralia has confirmed this formulation as to whether the sentence is final or whether it has been appealed. Sources familiar with the trial claim that the parties are not aware of the perfection of the sentence at this time.
“The La Rioja Government’s management contract with Aralia expires on May 31, 2022, and the tender procedures for a new management contract from the Ministry of Social Services and Public Administration have already begun,” said autonomous government sources. In 2021, this autonomous community has allocated € 1.1 million to Najra’s residence and day center. The same sources claim that there were numerous requests from the Ministry of Social Services and Public Administration to rectify the deficiencies of both the current company, Aralia, and the previous management company.
Source: El Diario
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
