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TSXG rules shipyard worker's dismissal unfair
The High Court of Justice of Galicia (TSXG) has ruled that the disciplinary dismissal of a shipyard worker was unfair, overturning a previous decision by a Ferrol court.
The incident occurred after the employee had a dispute with a colleague and left his post without notice. While the company argued this constituted a very serious breach of the collective agreement for the siderometallurgical sector in A Coruña, the TSXG ruled that the dismissal was disproportionate.
The court noted that although abandoning a post is a serious infraction, it does not justify dismissal unless it causes specifically qualified harm. In this instance, the company failed to prove that the worker's absence posed a health risk to the staff, caused a workplace accident, or resulted in equivalent economic damage to the company. Consequently, the court ordered the company to either reinstate the worker or provide compensation.
Entities
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 3 SOURCES] The TSXG declared the disciplinary dismissal of a shipyard worker unfair. 21noticias.com · www.eldiario.es
- [● 3 SOURCES] The dismissal was revoked based on the principle of rational proportionality. 21noticias.com · www.eldiario.es
- [● 2 SOURCES] The company must either reinstate the worker or pay compensation. www.eldiario.es
- [● 3 SOURCES] The worker abandoned his post following a dispute with a colleague without prior notice. 21noticias.com · www.eldiario.es
- [● 3 SOURCES] The court found no evidence of health risks to staff or significant economic damage to the company. 21noticias.com · www.eldiario.es