This is the first sentence issued in the Foral Community that applies the comprehensive law for equal treatment and non-discrimination. The employee will receive 9,700 euros as a subsidy not received and compensation.
The head of the Social Court number 3 of Pamplona has annulled the dismissal of an employee who was on medical leave and has forced the company to reinstate him. It’s about the first sentence in Navarra that analyzes the annulment of dismissal due to illness or health condition after the approval, last July, of the comprehensive law for equal treatment and non-discrimination.
As reported by the Superior Court of Justice of Navarra (TSJN) in a note, the worker will receive 2201 euros for the supplement to the temporary disability subsidy that he stopped receiving, as well as 7500 euro more as compensation for moral damage.
According to the judicial resolution, against which an appeal can be made before the TSJN, there are “enough clues to prove a discriminatory motivation in the decision adopted by the company”, dedicated to the wholesale trade of frozen fish and seafood food. Among other reasons, the judge cites that in this case there was no breach of contract or lack of previous performance and points to the “clear proximity between the dismissal and the decision” to terminate the contract. Thus, it establishes that the dismissal was “fraudulent and unfounded”.
The magistrate dismissal, carried out on July 14 —two days after the entry into force of the norm—, emanates “solely and exclusively” from the situation of illness and medical leave in which the worker had been for a few days before the notice of dismissal.
Source: Eitb
I’m Tifany Hawkins, a professional journalist with years of experience in news reporting. I currently work for a prominent news website and write articles for 24NewsReporters as an author. My primary focus is on economy-related stories, though I am also experienced in several other areas of journalism.