He was fired in 2021 for not having a covid passport His firm then alleged disobedience at work The TSXG argues that no regulation imposes vaccination
The plaintiff had been working as a supply man for a water firm in Ourense since October 2018. It was in December 2021 that he was handed a letter of disciplinary dismissal.
The firm had knowledgeable him of the necessity to have the covid certificates, which proved that he had been vaccinated, as a way to proceed with the event of his exercise.
The worker labored delivering water to houses with a van and was assigned a route that additionally delivered water to Portugal. So, in line with the corporate, some shoppers had knowledgeable them of the necessity to have a covid passport to enter their workplaces.
But the employee refused to adjust to this requirement, acknowledging that he didn’t wish to be vaccinated, and the corporate fired him alleging indiscipline or disobedience at work.
Vaccination is a proper and no regulation imposes it
A judgment handed down first in March 2022 by the Social Court 4 of Ourense declared the dismissal admissible, however the employee determined to attraction to the TSXG.
Now the Galician excessive courtroom has agreed with the employee and has declared that dismissal null and void. “It shouldn’t be doable to establish the refusal of the plaintiff to be vaccinated with indiscipline or disobedience at work, since vaccination is a citizen’s proper, however no regulation imposes it,” argues the sentence.
The courtroom additionally explains that the vaccination had nothing to do with the plaintiff’s work exercise, as a result of he didn’t have shut contact with weak teams, and that at the moment it was not required to enter anyplace. “On that date there have been no rules that required the necessity for vaccination to entry any firm or facility,” he argues.
Now, along with declaring the dismissal null and void, the TSXG orders the corporate to reinstate the employee, to pay him the wages he did not obtain till his reinstatement and to compensate him with 7,000 euros for ethical damages.