Post by account_disabled on Mar 12, 2024 4:16:44 GMT -5
JURISPRUDENCEThe company cannot sanction the union representative for doing a WhatsApp survey about harassment
The TSJ of Madrid declares void the sanction imposed on the worker who asked about possible cases of harassment committed by the management of the center
The Superior Court of Justice (TSJ) of Madrid rules Email Data that the sanction imposed on the union representative of a Chamberí children's home for sending a survey via WhatsApp to workers about possible cases of harassment committed by the management of the center, violates the fundamental right of freedom of association in relation to freedom of expression .
The Court has rejected the appeal filed by the company against the lower court ruling that condemned the entity to annul the sanction. In this way, the Madrid TSJ ratifies the ruling issued at the time by the Social Court no. 26 of Madrid, condemning the employer to pay the worker compensation of 3,126 euros for the moral damages derived from said violation , as well as to pay the salaries corresponding to the seven days of suspension of employment and salary.
The actor provides labor services for the Madrid Association of Social Care (AMAS ) in the Chamberí children's home, being a member of its joint Company Committee and also a Trade Union Delegate for Workers' Commissions. At the end of 2020, the actor sent a message via WhatsApp to a group of workers at said residence, members of the union, about possible cases of harassment committed by the director .
The TSJ of Madrid declares void the sanction imposed on the worker who asked about possible cases of harassment committed by the management of the center
The Superior Court of Justice (TSJ) of Madrid rules Email Data that the sanction imposed on the union representative of a Chamberí children's home for sending a survey via WhatsApp to workers about possible cases of harassment committed by the management of the center, violates the fundamental right of freedom of association in relation to freedom of expression .
The Court has rejected the appeal filed by the company against the lower court ruling that condemned the entity to annul the sanction. In this way, the Madrid TSJ ratifies the ruling issued at the time by the Social Court no. 26 of Madrid, condemning the employer to pay the worker compensation of 3,126 euros for the moral damages derived from said violation , as well as to pay the salaries corresponding to the seven days of suspension of employment and salary.
The actor provides labor services for the Madrid Association of Social Care (AMAS ) in the Chamberí children's home, being a member of its joint Company Committee and also a Trade Union Delegate for Workers' Commissions. At the end of 2020, the actor sent a message via WhatsApp to a group of workers at said residence, members of the union, about possible cases of harassment committed by the director .