Post by account_disabled on Feb 15, 2024 6:06:00 GMT -5
It should be kept in mind that this law states in its article 2.1 that “no one may be discriminated against due to birth, racial or ethnic origin, sex, religion, conviction or opinion, age, disability, sexual orientation or identity, gender expression, illness or health condition, serological status and/or genetic predisposition to suffer pathologies and disorders, language, socioeconomic situation, or any other personal or social condition or circumstance.
Likewise, art. 26 of the same regulations states that “the provisions, acts or clauses of legal transactions that constitute or cause discrimination due to any of the reasons provided for in the first section of article 2 of this law are null and void.”
In application of the Zerolo Law, the Magistrate of the Social Court No. 14 understands that in the present case there are solid indications that the dismissal of the actor Ireland Email List occurred in direct relation to the sick leave in which he was as a result of the accident. of work suffered two days before the company adopted the termination decision.
“The burden of proof, as stated above, is to reliably justify a cause other than the said sick leave, and it does not provide any specific information in this regard , although it is clear from the wording of the dismissal letter that this is the cause.” of the same, assuming the inadmissibility of the dismissal for what the company calls “for purely legal purposes”, but which means the impossibility of proving the facts and serious misconduct attributed to the worker in the letter,” the ruling states.
In short, the reasons stated in the dismissal letter have not been proven at the hearing, and therefore the dismissal of the worker has not been justified. “Thus, from the evidentiary result, in accordance with the profuse activity carried out at the hearing, it cannot be deduced, in any way, that the defendant company has complied with the legal and jurisprudential requirements to which reference has been made to destroy the signs of violation. " or fundamental rights provided otherwise ."
Therefore, in application of the above reasoning, the ruling finds that there has been a violation of the fundamental right to equality and non-discrimination of the worker and consequently, it is appropriate to declare the dismissal null and void , which will imply reinstatement. of the worker with the payment of processing salaries from dismissal until reinstatement.
The worker's legal representation considers that "this ruling, without a doubt, will open the ban on subsequent annulments in those dismissals in which there are solid indications that the real cause of the dismissal is due to the worker's temporary situation of incapacity."
Likewise, art. 26 of the same regulations states that “the provisions, acts or clauses of legal transactions that constitute or cause discrimination due to any of the reasons provided for in the first section of article 2 of this law are null and void.”
In application of the Zerolo Law, the Magistrate of the Social Court No. 14 understands that in the present case there are solid indications that the dismissal of the actor Ireland Email List occurred in direct relation to the sick leave in which he was as a result of the accident. of work suffered two days before the company adopted the termination decision.
“The burden of proof, as stated above, is to reliably justify a cause other than the said sick leave, and it does not provide any specific information in this regard , although it is clear from the wording of the dismissal letter that this is the cause.” of the same, assuming the inadmissibility of the dismissal for what the company calls “for purely legal purposes”, but which means the impossibility of proving the facts and serious misconduct attributed to the worker in the letter,” the ruling states.
In short, the reasons stated in the dismissal letter have not been proven at the hearing, and therefore the dismissal of the worker has not been justified. “Thus, from the evidentiary result, in accordance with the profuse activity carried out at the hearing, it cannot be deduced, in any way, that the defendant company has complied with the legal and jurisprudential requirements to which reference has been made to destroy the signs of violation. " or fundamental rights provided otherwise ."
Therefore, in application of the above reasoning, the ruling finds that there has been a violation of the fundamental right to equality and non-discrimination of the worker and consequently, it is appropriate to declare the dismissal null and void , which will imply reinstatement. of the worker with the payment of processing salaries from dismissal until reinstatement.
The worker's legal representation considers that "this ruling, without a doubt, will open the ban on subsequent annulments in those dismissals in which there are solid indications that the real cause of the dismissal is due to the worker's temporary situation of incapacity."