Post by account_disabled on Mar 7, 2024 8:37:25 GMT
The court understands that the worker's right to equality and non-discrimination was violated
The Social Court No. 14 of Malaga has declared the annulment of the dismissal of a worker who was temporarily disabled after suffering a work accident following an argument with his employer. The judge of the court has handed down a sentence following the doctrine that the Social Court of Vigo and Gijón were applying.
The case, which has been handled by Rojano Vera Abogados , has been one of the pioneers in Andalusia in confirming the nullity of the dismissal since the approval of Law 15/2022 , of July 15, also known as the Zerolo Law.
In this case, the worker was providing services for a beach Fax Lists bar in the position of espetero assistant when he was disciplinaryly dismissed two days after suffering a work accident caused by an argument with the employer . In this sense, the worker suffered a knife cut on a broken finger that caused him to begin a long-term temporary disability (IT) process.
The company, after the work accident and the beginning of the IT process, proceeded to dismiss him disciplinaryly for the events that occurred, understanding that the work accident had been caused by the worker due to the controversy in an order with his employer. Thus, the actor was given a letter of disciplinary dismissal, stating in its wording that the dismissal was inadmissible for purely legal purposes.
The worker, not agreeing with the facts, contacted the Rojano Vera Abogados office who brought the matter to him and observed that the dismissal letter was another indication that the motive for the dismissal had been the beginning of the disability process. temporary resulting from the accident . For this reason, he filed a conciliation document and subsequent legal action demanding that the dismissal be declared null and void, combined with the action for violation of fundamental rights, considering that Law 15/2022, of July 15, was fully applicable in its subjective and objective scope. for equality and non-discrimination.
The Social Court No. 14 of Malaga has declared the annulment of the dismissal of a worker who was temporarily disabled after suffering a work accident following an argument with his employer. The judge of the court has handed down a sentence following the doctrine that the Social Court of Vigo and Gijón were applying.
The case, which has been handled by Rojano Vera Abogados , has been one of the pioneers in Andalusia in confirming the nullity of the dismissal since the approval of Law 15/2022 , of July 15, also known as the Zerolo Law.
In this case, the worker was providing services for a beach Fax Lists bar in the position of espetero assistant when he was disciplinaryly dismissed two days after suffering a work accident caused by an argument with the employer . In this sense, the worker suffered a knife cut on a broken finger that caused him to begin a long-term temporary disability (IT) process.
The company, after the work accident and the beginning of the IT process, proceeded to dismiss him disciplinaryly for the events that occurred, understanding that the work accident had been caused by the worker due to the controversy in an order with his employer. Thus, the actor was given a letter of disciplinary dismissal, stating in its wording that the dismissal was inadmissible for purely legal purposes.
The worker, not agreeing with the facts, contacted the Rojano Vera Abogados office who brought the matter to him and observed that the dismissal letter was another indication that the motive for the dismissal had been the beginning of the disability process. temporary resulting from the accident . For this reason, he filed a conciliation document and subsequent legal action demanding that the dismissal be declared null and void, combined with the action for violation of fundamental rights, considering that Law 15/2022, of July 15, was fully applicable in its subjective and objective scope. for equality and non-discrimination.
