The union delegate from the Ambulancias Tenorio firm is fired for failing to handle the ambulance switch of a two-year-old baby The ruling is predicated on the angle of the union delegate in refusing to adjust to the minimal companies established The proper to strike shouldn’t have an effect on different elementary ones similar to the best to life and integrity
The Social Court quantity 3 of Badajoz has declared the dismissal of the union consultant of the Ambulancias Tenorio firm for not managing the switch by ambulance of a two-year-old boy, who wanted to endure a number of medical assessments in a hospital in Madrid as a consequence of a critical sickness, throughout a strike within the well being transport service of Extremadura.
According to a press release from the Tenorio Business Group, which attaches the ruling, the employee, to whom the administration knowledgeable the termination of the employment relationship for disciplinary causes, was head of Traffic for the territorial space of Llerena-Zafra of the corporate, which at the moment At the time, in September 2020, it was the well being transport concessionaire of the Extremadura Health Service (SES).
The sentence, in response to the corporate, “helps its ruling on the angle of the union delegate, since throughout a strike, and in his capability as Traffic chief, he refused to adjust to the minimal companies established, and that an ambulance might switch the kid to a hospital to hold out numerous medical assessments, since he suffered from a critical sickness (biliary atresia)”.
The courtroom considers it confirmed that the union delegate stopped offering the ambulance service for the kid on September 8, 2020, a public vacation in the neighborhood, even supposing the strike referred to as by the unions included a sequence of minimal companies, together with those that have been “non-urgent scheduled transport”, collects the sentence.
It should not have an effect on the best to life and integrity
The sentence of the Social Court quantity 3 of Badajoz considers that “the best to strike shouldn’t have an effect on different elementary rights similar to the best to life and integrity, or different non-fundamental however simple relevance similar to the best to well being” .
In this sense, it considers that “the service associated to minors shouldn’t have been affected by the best to strike, particularly when the union delegate was warned of this circumstance and discovered that it was a minimal service coated by the relevant rules.”
The judgment shouldn’t be closing and an enchantment could also be filed towards it earlier than the Labor Chamber of the Superior Court of Justice of Extremadura.