A sentence of the Social Court Number 7 of Santa Cruz de Tenerife, dated last day 19 and signed by magistrate Beatriz Pérez Rodríguez, declares the dismissal of 51 workers from the Ansina program for the elderly and the Marine Sports Center (Cidemat) as “fair”. It was carried out by the company Gestión Insular para el Deporte, la Cultura y el Ocio (Ideco, SA) on July 20, 2020. In addition, the ruling acquitted the co-defendant entities, the Cabildo de Tenerife and the Institute of Social Care and Sociosanitary (IASS). Against this decision, an appeal may be filed before the Superior Court of Justice of Canary Islands (TSJC), prior announcement within five days of notification.
The members of the staff of both public bodies raised the judicial strategy from the perspective of individual resources after the collective dismissal materialized. They argued that the latter ended with an agreement “and once challenged in court, the class action lawsuit was dismissed due to expiration of the action.” From there they exercised the individual demand.
The argument of the magistrate in the fundamentals of law relates that the plaintiff (the workers) base the declaration of nullity -or subsidiarily its inadmissibility- of the Record of Regulation of Employment (ERE) and the dismissal of each one of those included in the Ansina and Cidemat Programs «in the insufficiency and lack of accreditation of the cause that motivated the termination of the contract, as well as in the existence of irregular actions in the negotiation such as concealment of information to the social part”. In this sense, the complaint from the staff states that the real employer was not Ideco but the Cabildo and the IASS that planned the tasks to be carried out.
The judge values in her presentation that “we are faced with the case of challenging the collective dismissal that ended with a dismissal sentence.” Therefore, adds the magistrate, “this sentence produces res judicata effect on individual procedures, without us being able to review again the causes or substantive reasons that gave rise to the ERE, except for those issues of an individual nature that have not been the subject of the –collective– demand formulated through the regulated process”.
rejection of nullity
The plaintiffs requested the annulment of the ERE and the dismissal of each of the 51 workers with the right to reinstatement to their jobs due to “the insufficiency and lack of accreditation of the cause that led to the termination of the contract due to the employment regulation file, as well as the existence of irregular actions in the negotiation such as the concealment of information from the social party, being the true employer the Cabildo and the IASS».
The demand for individual dismissal is therefore “dismissed” and the judge also declares the action carried out in this process by the Cabildo Ideco company “admissible”.
CC will retrieve the program
During the three and a half years of the current mandate of PSOE and citizens, Canarian Coalition He has criticized the suspension of the Asina Program for the elderly and “the dismantling” of the Insular Center for Marine Sports (Cidemat), located in the capital’s neighborhood of valleseco. Two symbols of “the policy of ending everything we had done,” according to nationalist sources. His spokesman in the Cabildo, Carlos Alonso, in statements to Radio Club Tenerife of Cadena Ser valued the sentence: “He has not studied him in depth, but I do say that, regardless of what the courts decide, when we come to govern in the Cabildo is going to recover Ansina and give an opportunity to both its workers and those of Cidemat». | JDM
