Category: Dismissals
The assumed prohibition of dismissal on grounds related to COVID-19
Recently, there have been several contradictory court judgments in relation to the classification of the grounds for dismissal related to COVID-19. The issue to be resolved is whether the unjustified nature of a dismissal related to COVID-19 leads to the consideration of unlawful dismissal and can even be considered as null and void. The dispute […]
Severance pay for the termination of a temporary contract can be offset against severance pay for an unjustified dismissal
The Supreme Court has determined that, if the termination of a temporary contract is declared to be an unjustified dismissal, companies do not have to pay double severance. Rather, the severance pay of 33 days’ pay per year worked will be subtracted from the severance pay of 12 days’ pay per year for the termination […]
Dismissal based on absenteeism: chronicle of a death foretold
law on grounds of urgency and need, even though it had existed for forty years. This post analyzes the dying days of dismissal for absenteeism and the arduous battle to defend productivity. Since the publication of the Constitutional Court judgment of October 16, 2019, which upheld the constitutionality of section d) of article 52 of […]
what are transnational framework agreements and why you didn’t know you want one
Transnational company agreements bolster company-worker relations by providing clear and stable rules. These kinds of agreements have been being signed for 10 years and there are already more than 300 identified in the joint database of the International Labor Organization and the European Commission. Lately I feel like a smartphone: the more I get updated, I […]
Spreading fake news about employers may lead to dismissal
When fake news is spread which directly affects an employer or its workforce, one can go to court or adopt the appropriate disciplinary decisions, if it is a worker who spreads such news. Fake news is having an impact on employment relations. Numerous companies cannot find an effective way of counteracting fake news published on […]
What is the cost of replacing a person with a robot?
A recent judgment of Labor Court no. 10 of Las Palmas de Gran Canaria has held that the introduction of a robot (or bot) in the working organization at a company is not sufficient grounds to justify a worker’s dismissal. The ruling, dated September 23, 2019, analyzes the dismissal of an employee engaged in certain […]