The Andalusian School of Public Health (EASP)with headquarters in Granada, he will have to readmit to a worker who pre -trusted without his consent for having testified against the interests of the school in other judicial processes. Specifically, the Social Court 3 of Granada understands that Antonio Daponte’s rights have been violated, dismissed through a retirement, “for having supported other colleagues who maintained litigation with the EASP and mobilize against the Directorate” . The institution announces that the sentence will resort.
Daponte, who had been part of the school for more than 30 years, is also a politician with a local level in formations such as Podemos or more country and in the EASP he has belonged to the UGT union. Two facts that for the worker are key to understand why the EASP decided to dispense with its services at the end of 2023. Dapon had headed the mobilizations of the workers who oppose that the EASP be diluted in the future Institute of Health of Andalusia ( ISA), whose creation continues in processand appeared in several judicial processes as a witness to defend his partners against work decisions.
All this derived, as stated in the sentence, in an early retirement that Daponte himself had not requested, which ultimately implied his dismissal. In statements a eldiario.es AndalucíaHe says that the EASP told him that he did not extend his contract for his age -he said to turn 65 -but remember that “there are workers who exceed 70 years and that they continue to exercise at school.”
The judgment of the Social Court number 3 of Granada states that Daponte had requested in September 2023 an extension of twelve months in his contract to complete his social security contributions and reach his full pension. However, the extension was denied by the management of the EASP in December of that year, just a few months after the worker had testified in two judicial processes open against the institution.
The first of these judgments was held on September 20, 2023 in the Social Court number 4 of Granada. Daponte declared in favor of a partner who challenged “a substantial modification of his working conditions.” The judgment of that case, issued in January 2024, gave the right to the plaintiff. The second process took place on December 12, 2023, in the Social Court number 3, in which another EASP worker claimed an improvement in their professional category and salary differences. In this case, the lawsuit was dismissed, although the sentence is not yet firm.
Fired for supporting other colleagues
These two judicial processes were key so that the EASP does not renew Dapante, according to the judge. Although the worker had already requested and obtained an extension in his contract in 2022, when he turned 65, in 2023 this did not happen. According to the EASP Collective Agreement, which is referred to by the Court, it is possible Then, and in full judicial proceedings for the employment situation of several colleagues in which the Daponte participated as a witness, the school rejected. He did it arguing “organizational” reasons.
In a letter submitted on December 15, 2023, and that it appears in the sentence, the EASP address told him that his contract would not be renewed and months later justified the decision referring to the need to “renew the workforce” and favor The incorporation of younger personnel. On the other hand, they argued that the extension of their contract would not mean a significant impact on their retirement pension, despite the fact that social security had already informed Daponte that his pension would not reach 100% if he did not continue to quote, but that It would remain at 88.87%.
With all this, the judge rejects the arguments of the school and assumes that the EASP purified the worker as retaliation for his political and support actions to several colleagues. According to the Court, the institution cannot justify that Daponte’s dismissal or prejubilation had to do with “objective organizational criteria.” As the worker explains, the sentence also states that other employees over 65 have continued at school with similar extensions and that the only difference between them and Daponte is that he had intervened as a witness in judgments against school.
This medium has contacted the EASP to know its version of the facts. The school is limited to saying that they do not agree with the judgment of the court and that they will resort to not being firm. Asked about what arguments are those that reject the judge’s ruling, the sources consulted explain that they reject the decision of the court itself and that they will contribute new reasoning in their appeal.
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