Justice cancels the dismissal of a supervisor who refused to work throughout a medical decline | My rights | Economy | EUROtoday

The Superior Court of Justice of Catalonia (TSJCAT) has confirmed the nullity of the dismissal of a supervisor who’s denied working throughout a medical depart. The cessation of the High Executive additionally occurred in a context of office harassment, which has violated its elementary proper to bodily integrity and well being. The sentence, on April 2, has compelled the corporate to readmit to the employee, pay pending wages (545 euros per day) and to pay for compensation of fifty,000 euros for ethical injury.

According to the confirmed info of the sentence (which may seek the advice of right here), the affected occasion since 2018 chief government officer (CEO) of the corporate, with a set wage of 144,000 euros plus a variable remuneration for aims. Between the months of May and June 2023, the supervisor was in a scenario of medical depart because of a typical sickness. Despite this, the corporate ignored its well being standing and demanded that it proceed working, even from its dwelling. The worker didn’t train his work and in July he acquired a letter of dismissal.

The firm tried to justify the cessation alleging disciplinary causes. However, the Catalan court docket thought of that within the letter of dismissal not hooked up ample proof to reveal a misconduct of the worker. During the trial, the corporate tried to include new accusations to persuade the magistrates. Among them, the bosses blamed the employee to applicable confidential info of the corporate. However, the judges defined, these arguments weren’t collected within the letter of dismissal and had been rejected by the court docket for “extemporaneous and irrelevant.”

The firm additionally questioned the medical depart of the supervisor, insinuating that it was “an excuse or pretext for not working or to do it from home.” In this sense, his superiors despatched a number of messages to the cellphone forcing him to work. “The loss is your problem … that you have happened to many people” or “for having a decline you disregard everything?” They had been some messages that the CEO acquired. For the magistrates, these expressions constituted ample proof that the corporate pressed the employee, placing their well being in danger.

Hostile work setting

The worker was additionally a sufferer of a hostile work setting. According to the confirmed info of the sentence, the superiors of the corporate had been headed to the CEO with a derogatory and authoritarian tone by means of emails, conferences and messages of WhatsApp. “Masters can speak higher, they can have more pride than employees, I also tell you”; “When the balls inflate, I hit a blow to the table”; “You have to talk less already, eh … go to take for ass, do what you want,” are some examples.

In addition to those expressions, the employee was additionally the sufferer of a dynamic of steady contempt. According to the court docket, The firm marginalized the employeerestricted his capabilities and acquired directions from three completely different individuals with none coordination, modifying his duties and entrusting administrative work that he had not accomplished earlier than. The results of these attitudes, affirm the magistrates, brought on the deterioration of their psychological well being and “motivated the beginning of a psychological treatment since July 2022”.

The Court has thought of that the habits of the industrial consisted of “creating a hostile, unbearable and humiliating work climate”, to which “continuous faults of respect, incorrect treatment, certain insults, use of inappropriate language and, constant and humiliating reminders of their employee status” are added, a piece local weather that, the magistrates fail, “no worker is obliged or must support”.

Against the ruling, nevertheless, it matches enchantment towards the Supreme Court.