Council worker wins wrongful dismissal case
A COURT has ruled that Alicante city hall wrongfully dismissed a council worker who has Asperger’s syndrome.
Judges at the Regional Supreme Court (TSJCV) partially upheld the worker’s appeal against a local first tier court which turned down his initial claim.
The plaintiff has a recognised disability level of 34% and was hired to work at the municipal swimming pools on a temporary contract as a ‘social interest’ auxiliary from December 2021, reported the TSJCV. This contract was rescinded in January 2022 on the grounds that he had not passed the trial period.
The decision was based on a report signed by an official caretaker of the council’s sports service, which said the employee did not meet the profile for the job due to the way in which he had carried out the duties he was given.
The report also said it had been drawn up based on statements from workers at the pools where he had worked.
After studying Spanish and EU legislation and jurisprudence, the judges concluded the plaintiff’s sacking was discriminatory as a result of his disability.
The council should have first made ‘reasonable adjustments to facilitate his integration in the workplace’, as established by EU Directive 2000/78.
“Said adjustments form part of the right to equal treatment and non-discrimination for people with disability where this is necessary to guarantee their equal rights in the workplace,” the court explained.
Because the worker could not be readmitted, as his temporary contract had ended in December 2022, the court ordered Alicante city hall to pay him the wages he would have earned, as well as 33 days’ pay for each year he worked, and €8,000 in moral damages.
The council did not lodge an appeal so the judgment is final.