The sentence against Halcón Viajes that alarms the business world | News of travel agencies

0
2
 The sentence against Halcón Viajes that alarms the business world |  News of travel agencies

A worker at Halcón Viajes will receive 60,000 euros in compensation as compensation for moral damages for a null dismissal carried out by the company. The ruling of the Supreme Court is especially relevant because it can establish jurisprudence and make compensation higher after an illegal dismissal.

The employee served as area director in the then Globalia retail network, which later became part of Ávoris after the merger in March 2021 (Ávoris-Globalia: green light for the state injection of 320 million). In 2018, a disciplinary file was opened for an alleged lack of continuous and voluntary decrease in work performance, and shortly after he was fired.

Far from abiding by the company’s decision, the affected party went to the Superior Court of Justice of Galicia, which described the dismissal as unfair. However, it denied the request for compensation for moral damages. Now, four years after the dismissal, the worker has managed to get the Supreme Court to agree with him, establishing the aforementioned compensation of 60,000 euros. In addition, he orders Halcón Viajes to pay the costs, which must pay an additional 1,500 euros.

In statements to privilegedThe affected party regrets that his victory in court has affected him at work. “At that time I was area director, then they demoted me to low level director and I am still punished with an ERTE at 90% affectation, while they have been incorporating other less senior colleagues. We will continue denouncing”, he warns.

According to the information collected on the portal www.abogacia.es, the lawyer from Pontevedra who has obtained the sentence, Celestino Barros, celebrates that “he has a remedial action, but also a preventive one: he warns other businessmen that in case of incurring in this type of conduct that violates fundamental rights can result in very high penalties.”

“The dismissals that violate the fundamental rights of the person are the most damaging, and in which the mere cancellation of the same cannot be considered repairing the damage caused, he maintains.

The Supreme Court has detailed the elements that must be taken into account when setting the aforementioned compensation. It cites, among others, “the seniority of the worker, the temporary persistence of the violation of the fundamental right, the consequences that are caused in the personal situation of the worker or an attitude tending to prevent the defense and protection of the transgressed right must be taken into account. in order to quantify the compensation.

LEAVE A REPLY

Please enter your comment!
Please enter your name here