The TSXG acknowledges the correct to conciliation of the employee, who has custody of his minor daughter. The Xunta must change his shift and place in order that he can work within the afternoon. In addition, the Administration must compensate him with 6,000 euros for damages
The Chamber of the Galician High Court has estimated the demand of this everlasting employee of the hearth division of the Ministry of Rural Affairs who requested to adapt his employment state of affairs to have the ability to attend to the care of his daughter, of whom he has guard and custody.
The TSXG, which ratifies the ruling within the first occasion of the Social Court quantity 7 of Vigo, determines that this employee has the correct to be modified shift and place.
She provides him the morning shift through the summer time and in addition frees him from guard responsibility so he can handle his daughter. The lady’s mom lives exterior Galicia and it’s he who should handle the little lady.
In addition, the Xunta must grant him compensation of 6,000 euros for damages that the Xunta should pay.
He reproaches the Xunta for its silence
In their decision, the magistrates dominated that the Galician Government didn’t meet the demand of its worker when he requested to adapt his day and alter his working circumstances for causes of conciliation, one thing that, as they emphasize, goes in opposition to the elemental proper to equality.
“There is an absolute lack of response from the employer to the request made, in order that the employee doesn’t know why the variation is denied,” the judges spotlight of their ruling, which stresses that the Xunta “has not proven the existence of an organizational motive that involves exempt the plaintiff’s proper to reconcile”.
Thus, they resolve that there was a “violation of the elemental proper” that “includes compensation for the harm that has indisputably occurred.”
Against the judgment of the TSXG it’s potential to file an enchantment earlier than the Supreme Court.
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