The ruling, disclosed by CCOO, obliges the council to pay the worker 14 monthly salaries and two extraordinary payments, totaling approximately 40,000 euros, in addition to compensation. This situation represents a loss of over 50,000 euros in public funds for Dénia City Council, attributed to inefficient management by the Human Resources department and the contracted legal services.
The conviction is based on the violation of the fundamental right to equality, enshrined in article 14 of the Spanish Constitution, and discrimination resulting from the systematic breach of the Occupational Risk Prevention Law. Furthermore, the use of the worker's private medical data to their detriment, as established in article 22.4 of the same law, has been sanctioned.
The jurisprudence of the Court of Justice of the European Union and a recent doctrine of the Supreme Court emphasize that, in the face of a worker's physical limitation, the employer—especially if it is a public administration—has a legal duty to exhaust all reasonable adjustment options before terminating the contractual relationship. This obligation was not met in Dénia's case, which, according to CCOO, demonstrates the bad faith of the council's Human Resources department.
“"We demand that Dénia City Council immediately reinstate the head of our Union Section and appoint him as a career civil servant, with seniority recognized from March 1, 2010."
The Comisiones Obreras trade union has demanded the immediate reinstatement of its union representative as a career civil servant, with seniority dating back to March 1, 2010. They also request the full payment of salaries, extraordinary payments, seniority bonuses, and corresponding supplements from April 16, 2025, as well as recognition of his right to the Professional Horizontal Career with 16 years of seniority and the payment of the compensation set by the ruling.
Finally, CCOO has urged Mayor Vicent Grimalt and the governing team not to appeal the ruling to prevent further losses of public money and to initiate a thorough investigation into the functioning of the Human Resources department. The union aims to inform the citizens of Dénia about the mismanagement of public resources and remind public employees of the importance of union support in combating injustices.
