Post by account_disabled on Feb 20, 2024 1:53:25 GMT -5
A ruling from the Superior Court of Justice of Galicia (TSJG) establishes that the organizational or technical reasons for dismissing a worker must occur at the time of dismissal and not many years before , when the technical and organizational improvements that affected the work were implemented. of the worker.
In this case, the community of owners carried out organizational Chinese Student Phone Number List changes that affected the concierge's job, such as the installation of video intercom and mailboxes in the portal, the change to gas of the central heating and hot water boilers and the modernization of elevators. These technical and organizational improvements affected the employee's work.
However, her dismissal was not agreed upon when they were implemented but nine years later , so the worker went to court, which ruled that the dismissal was unfair. The community then presented an appeal to the TSJG, which has confirmed the inadmissibility of the dismissal because the “organizational or technical causes invoked did not occur at the time of the worker's dismissal, but arose many years before.”
The magistrates recognize that all the technical and organizational changes approved by the community affected the work to be performed by the concierge employee and that it has been proven in a reasonable and proportional manner that maintaining the job that is intended to be amortized causes a benefit imbalance. . But the most significant modifications - video intercom, new boilers or installation of mailboxes - were made nine years before the termination.
The ruling recognizes that companies and communities of owners can reorganize their activity through changes in the work of their staff or in the way of organizing production, but they have the obligation to prove in a reasonable and proportional manner that the maintenance of the position of work that is intended to be amortized causes a benefit imbalance.
In this case, the community of owners carried out organizational Chinese Student Phone Number List changes that affected the concierge's job, such as the installation of video intercom and mailboxes in the portal, the change to gas of the central heating and hot water boilers and the modernization of elevators. These technical and organizational improvements affected the employee's work.
However, her dismissal was not agreed upon when they were implemented but nine years later , so the worker went to court, which ruled that the dismissal was unfair. The community then presented an appeal to the TSJG, which has confirmed the inadmissibility of the dismissal because the “organizational or technical causes invoked did not occur at the time of the worker's dismissal, but arose many years before.”
The magistrates recognize that all the technical and organizational changes approved by the community affected the work to be performed by the concierge employee and that it has been proven in a reasonable and proportional manner that maintaining the job that is intended to be amortized causes a benefit imbalance. . But the most significant modifications - video intercom, new boilers or installation of mailboxes - were made nine years before the termination.
The ruling recognizes that companies and communities of owners can reorganize their activity through changes in the work of their staff or in the way of organizing production, but they have the obligation to prove in a reasonable and proportional manner that the maintenance of the position of work that is intended to be amortized causes a benefit imbalance.