They explain the resignation of a director of Gamesa appointed Union Delegate

The Social Court number 2 of Bilbao has rejected the lawsuit that was filed by a director of Siemens Gamesa who accused the company to dismiss him as a result of his appointment as an Ela Union delegate.

The employee, who asked for the dismissal to be declared invalid or not inadmissible, also claimed extra compensation of 7,500 euros due to breach of fundamental rights.

The sentence, against which there is an appeal to the CJPV, points out that it was the plaintiff who was included in an honorary who initiated his trade union activity after he knew he would be fired “With the aim of protecting your employment contract“

The resolution of the Social Court proves that the employee, who carried out his work in the Human Resources department in Zamudio, was appointed Union representative in February 2023, and then to know that “his position was hit” by the collective dismissal in which the company was.

Moreover, he remembers that as a result of his position in 2018 he had participated in the minutes and negotiations on the occasion of the honor and had an obligation to keep “absolute confidentiality” about the information of the company.

The magistrate understands that the employee, who had been in Gamesa since 2007, has acted “fraudulently” in fraud of the law, with the aim of protecting against a dismissal that he already knew was previously determined by the “business restructuring”.

He also rejects that the plaintiff was immersed in a process of temporary disability at the time of dismissal, as he used in his claim.