Post by account_disabled on Jan 18, 2024 6:20:25 GMT -5
The Supreme Court has endorsed the dismissal of a worker, who had been providing services to people in vulnerable situations for five years, after the new company awarded the service, which had subrogated him, warned that this person did not have the necessary title to do so. . In this way, the High Court upholds the appeal filed by the company against the ruling of the Superior Court of Justice of Madrid, which considered that the dismissal was unfair.
The worker had been providing his services as a Social Integration Technician for five years, in a center for the temporary reception of families with minors and/or single women and migrants in situations of vulnerability or social emergency, which is owned by the Madrid City Council. He had provided services to the Spanish Commission for Refugee Assistance and, subsequently, the new con Whatsapp Number List tractor of the service, which replaced the staff, realized that the worker lacked the qualification as a social integration technician or social services assistant. At the time he was hired, said qualification was not an essential requirement and when the subrogation occurred, the outgoing company did not provide the incoming company with the certification of the workers .
The company that had taken over the workers, subsequently dismissing several of them, asked the City Council, invoking the experience that the worker had, if it could keep the worker on the staff and the council responded that it was not possible. In this way, the company communicated the dismissal based on the sudden inability of his professional training to carry out his job due to the lack of qualifications, in accordance with articles 52 and 53 of the Workers' Statute.
The Social Court declared the dismissal as appropriate, but the Superior Court of Justice of Madrid upheld the appeal and forced the company to compensate the worker with 7,803 euros or reinstate him . He understood that there was no supervening ineptitude because the worker has not lost the necessary capacity to perform his job , which he has been providing for five years before the dismissal "to his complete satisfaction and under the same circumstances."
The worker had been providing his services as a Social Integration Technician for five years, in a center for the temporary reception of families with minors and/or single women and migrants in situations of vulnerability or social emergency, which is owned by the Madrid City Council. He had provided services to the Spanish Commission for Refugee Assistance and, subsequently, the new con Whatsapp Number List tractor of the service, which replaced the staff, realized that the worker lacked the qualification as a social integration technician or social services assistant. At the time he was hired, said qualification was not an essential requirement and when the subrogation occurred, the outgoing company did not provide the incoming company with the certification of the workers .
The company that had taken over the workers, subsequently dismissing several of them, asked the City Council, invoking the experience that the worker had, if it could keep the worker on the staff and the council responded that it was not possible. In this way, the company communicated the dismissal based on the sudden inability of his professional training to carry out his job due to the lack of qualifications, in accordance with articles 52 and 53 of the Workers' Statute.
The Social Court declared the dismissal as appropriate, but the Superior Court of Justice of Madrid upheld the appeal and forced the company to compensate the worker with 7,803 euros or reinstate him . He understood that there was no supervening ineptitude because the worker has not lost the necessary capacity to perform his job , which he has been providing for five years before the dismissal "to his complete satisfaction and under the same circumstances."