The Consell Esportiu de L’Hospitalet threw the worker M. as “retaliation” to his complaint of irregularities in the management of the entity. This has been sentenced by a social judge in Barcelona, who has declared dismissal inadmissible and has forced the entity to compensate with 60,000 euros for women for moral damages. The sentence is appealable.
In a sentence, to which Eldiario.es has had access, magistrate Xavier González de Rivera gives the reason to the employee, represented by the lawyer Enrique Leiva, and confirms a “clear temporary relationship” between the passage of Le used by the Court to testify in the case that investigates irregularities in the Consell and its dismissal.
The Consell fired the worker after he testified against localist socialist positions charged in the open cause for irregularities in the entity. “It is a certainty that goes beyond a simple indication and that could be counteracted by the Consell with a test that justified his behavior, but there is an absolute lack of proof,” the magistrate resolves.
The sentence disrupts the thesis of the Consell, which alleged that the dismissal of M. nothing had to do with his testimony in the criminal case and linked it to organizational reasons “that they have not been accredited,” notes the magistrate.
“There is no doubt,” says the social judge, that the Consell threw the employee “reactively” to his testimony in the criminal case that affects several socialist positions, as the anti -fraud office of Catalonia has found (OAC), which keeps the employee protected as a corruption alert.
In sum, the dismissal supposes for the judge a violation of the compensation of the employee, that is, his right not to suffer reprisals by the employer when exercising his fundamental rights.
The Consell Esportiu case started in the spring of 2020 with the complaint of a socialist councilor who was later passed to ERC. M. was summoned first to the National Police and then before the judge, where he ratified his revelations that committed several leaders of the PSC of L’Hospitalet.
Three years later, the main piece of the case is still waiting for a report from the general intervention of the State on the legality of the subsidies received by the Consell. The judge has ruled out the participation in the plot of the mayor of L’Hospitalet, Núria Marín, although two of her former subordinates in the Consistory and former local leaders of the PSC have admitted that they simulated the dismissal of the Consell of one of them.
According to M. in his law Only responded to a summons for one of the charges accused not to claim “damages.”
In March 2023, the decline was finished, and the Consell sent it of paid vacation. During all this time, M. has suffered from stress and anxiety, as stated in a psychosocial risk report that has been able to consult this writing.
Doctors recommended that M. perform teleworking “as long as possible while the clinical and labor situation persisted.” But what M. was found was a denial of first teleworking and a letter of dismissal, which has now been declared inadmissible.
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