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Spanish courts rule dismissals null over labor rights violations
Spanish courts have issued rulings nullifying dismissals in cases where workers' fundamental rights were deemed violated.
The High Court of Justice of Aragon (TSJA) declared the dismissal of a municipal worker from Peralta de Alcofea null. The court found evidence that the decision to eliminate the position was linked to the worker exercising rights regarding work-life balance and family reconciliation. While the City Council cited organizational reasons and cost savings, the TSJA noted the close temporal proximity between the worker's request for reduced hours and the decision to outsource the service. The court also noted that the claimed savings were only approximately 20%, rather than the 50% initially suggested.
In a separate ruling, the Supreme Court confirmed the nullity of a dismissal involving a veterinary clinic employee who refused to work Saturdays following a schedule change. The court ruled that the immediate termination constituted a reprisal, violating the principle of indemnity. Because the dismissal was declared null rather than merely unfair, the company is legally obligated to reinstate the worker and pay 6,251 euros in damages.
Entities
Ayuntamiento de Peralta de Alcofea · OSTA · Tribunal Superior de Justicia de Aragón · Tribunal Supremo