He City Hall of Buenavista del Norte has been sentenced for violating the right to equality and non-discrimination based on sex against a municipal worker, according to official documents provided by the consistory to the socialist group on May 17, 2023.
The City Council, governed by Sísepuede and Coalición Canaria, has been sentenced to compensate the worker for damages for a total amount of 64,949.23 euros, to which must be added 10% interest on employer arrears, according to the ruling of the Labor Chamber of the Superior Court of Justice of the Canary Islands, as of January 11, 2021.
The City Council signed the payment for a total of 71,444.15 euros on October 10, 2022, according to the consistory payment order document.
The City Council delivered the sentence and the proof of payment to the socialist group on Wednesday, May 17, 2023, after having ignored previous requests from the party.
The socialist municipal spokesperson, Eva García, has commented that “it is unfortunate that the government team does not comply with the Equality Law or have respected the fundamental rights of workers.” “We also regret that this sentence has been hidden from the citizens of Buenavista del Norte for so long.”
Before the lawsuit, and according to the judgment of the Labor Chamber of the Superior Court of Justice of the Canary Islands, on several occasions the worker requested in writing wage equalization from the local corporation, since her co-worker has the same degree.
One of the documents was filed on July 11, 2019, in which the worker requested that, effective July 1, 2019, her economic remuneration be matched to that of her colleague. Another brief was presented on September 27 of the same year.
The lawsuit was then filed on December 6, 2019 and admitted for processing that same month, according to the ruling.
Unfounded complaint and violated rights
Another worker was denounced by the mayor Antonio José González Fortes for a minor crime of theft for the value of 39 euros in 2020. On November 18, 2021, the complaint was unfounded and resolved in favor of the worker, who was acquitted of criminal responsibility, according to the ruling of the Fifth Section of the Provincial Court on February 21, 2022.
The municipal swimming pool worker, and partner of a former councilor from the opposition group, was suspended, in an extraordinarily burdensome manner, from employment and salary for six months, with the consequent damages that this entailed for him, according to the party sued.
It is noteworthy that the municipal administration skipped the established process during the processing of disciplinary files, since the worker was not given a statement, nor was he informed exactly why the file was being investigated, and no response was given to the multiple briefs presented, adds the defendant.
The City Council filed an appeal against the resolution on November 18, 2021, and this was dismissed by the Provincial Court on February 21, 2022, according to the ruling.
This sentence indicates in relation to the factual account, that the mayor cannot serve as evidence given “the vagueness with which it is done by him”, and “that the complainant does not witness the facts.” The evidence offered was considered insufficient, since it did not meet the jurisprudential requirements, so the presumption of innocence cannot be rebutted.
According to the sentence, the minuscule amount denounced may, rather, be due to a cash imbalance, which means that the complaint by Mayor González Fortes, with the opening of a disciplinary file for serious or very serious misconduct, is totally disproportionate and extraordinarily burdensome.
The defendant explains that, despite this, the file was not filed by the City Council. until one year after the date of the sentence handed down by the court of Icod de los Vinos, and the worker did not receive his salary during compliance with the precautionary measures of foundation, until December 2022.
Unfair dismissal
A third City Hall worker was compensated for unfair dismissal during his leave due to temporary disability, according to the worker.
In August 2019, the worker, who had an interim contract with the City Council, suffered an accident at the Colegio de Triana facilities.
During his leave, he received a letter from the Buenavista del Norte City Council, notifying him that they would make him a new contract after his recovery.
The worker did not receive that new contract, and denounced the consistory, being compensated by the municipal corporation with 7,700 euros for unfair dismissal.
“The loss of income was difficult for me and my family, but the most incomprehensible thing was the lack of humane treatment,” the worker said on May 18, 2023.
“Not one call did I receive when I was hospitalized, and they never took an interest in my recovery,” added the worker.
