New conviction for union harassment against the former PSOE management in the cleaning company Palma (Emaya), which will have to reinstate the representative of the majority union USTE, Francisco Sanchez Reolidby declaring his dismissal null and void for carry out their union activity.
For this reason, the judge examines the request for dismissal. and violation of fundamental rights presented by the party concerned, and condemns the largest municipal company in Palma “to proceed with the immediate reinstatement of the worker candidate in his job.
In addition, the company now chaired by advisor PP, Llorenc Bauza, you will have tobonus “an amount equal to the amount of lost wages” from the date of dismissal and until the day of effective reinstatement, at a rate of 188.44 euros gross per day including the pro rata of exceptional compensation, the amount of which will be paid during the execution of the sentence. In total, to date, more than 7,000 euros.
According to the court’s decision, There are strong and reasonable indications that the real cause of the complainant’s dismissal by the municipal company then chaired by the socialist mayor, José Ramon Perpinyà, was the union activity he carried outboth within the company itself and through the filing, on behalf of the USTE union, of various legal actions against the company, all within the framework of the conflict existing between the two parties.
“For this reason, the judge considers, the disciplinary dismissal of the complainant violated both his fundamental right to judicial protection effective in its aspect of guaranteeing compensation, such as its right to freedom of association, and must be declared null and void.
A new sentence that reveals the bad arts of the previous management The socialist of Emaya that the judges reveal in their files. Without going further in 2021, the Social Court number 5 Palma condemned the same management of Emaya, in this case with five unions more linked to the management, for union harassment for “systematic and conscious” violation, the fundamental rights of freedom of association of the USTE and USO unions, by excluding them from all collective bargaining tables.
He also ordered them to jointly pay compensation of 60,000 euros. According to the judgment, the five defendant unions and the municipal company had violated the fundamental rights to freedom of association in its functional aspect of collective bargaining, being fully aware of the illegality of their actions.
Also last December, The same Social Court number 5 annulled the dismissal of a Vox unionist and president of the USTE central, ordered by the previous leadership of the PSOE in Emaya.
The court’s decision upheld the request for Jose Villanueva against the municipal company, and declared the annulment of the dismissal of the plaintiff worker carried out by the defendant company with effect from November 7, 2022 for having existed a “violation of the fundamental right to freedom of association protected by the Spanish Constitution”.
The reason given by the judge is always the same, hence the seriousness of the facts. It must be taken into account that this unionist was dismissed for inform its affiliates of the content of the negotiations which were carried out by management and workers’ representatives, on the general basis of selective processes, for calls for the stabilization of employment in the quality urban area.
However, in the case of this trade unionist, and despite the fact that it was obvious that there was nothing less than a violation of fundamental rights, Emaya appealed the sentence and did not reinstate Villanueva counting on the new leadership of the PP in the company, with the support of the left parties. It will now be necessary to see whether, following this new court decision, Emaya rectifies, and reinstates the leaders of the majority union Emaya.
