The Labour Court number 3 Almeria has annulled the dismissal of Soledad Gutiérrez, Macael City Council worker who was fired in April 2013, after the arrival of the new government team. In the judgment, the judge acknowledged that there are "more than sufficient evidence" to suggest that the dismissal of Soledad Gutiérrez, that is militant and was PSOE Councillor at City Hall from 2003 a 2011 and president of the local Executive of the PSOE since 2007 a 2011, "Could be motivated by a position of political significance in Macael, given that (…) Macael City Council is governed by a party of the political spectrum, such as PP ".
The secretary general of the PSOE Macael, Francisca Pérez Laborda, has held that "finally received justice" with this sentence, declaring the nullity of the dismissal and condemnation Macael City Council to reinstate the applicant immediately in their jobs, under the same conditions governing dismissal and prior to the payment of lost wages from the date of dismissal until reinstatement occurs.
For Perez Laborda, the sentence "shows that Mayor Macael acted in bad faith, own devices using a right reminiscent of other times and who has political persecution flag at City Hall ". Social responsibility considers "unacceptable that such things happen in a democracy" and that "the judge recognized that the Popular Party has fired a worker for political reasons can only lead the mayor to resign immediately".
Soledad Gutiérrez was fixed staff from the City of Macael 1998, when it exceeded a competition. Upon arrival of the PP to local government team, after the last municipal elections, was included in the Record of Employment Regulation (ERE) Hall, laying dismissed 13 workers, even though the government team had secured the permanent staff would remain priority.
Until the dismissal became effective, on April 2013, Soledad Gutiérrez "political persecution suffered by the PP in the municipal government from the PSOE-explain-, with continuous changes in job: doctor's office went to the scale, thence to the court file and peace, all to try to find a justification with which to open a file, but as it is a born worker, could not do it and in the end included in the ERE ". "From what we saw Macael PSOE and come-Pérez says Laborde, and when changed the first time, we started to ask the firms to leave the doctor's office, in which he had been 16 years ". "Soledad Gutiérrez is a beloved and respected by neighbors and collected person Macael around 800 firms, but ultimately, despite being one of the most senior administrative assistants in the City, fired ", resume.
Macael City Council has been sued individually by 12 of the 13 workers affected by ERE. So far have been issued five judgments, all against the City, by the "arbitrary" redundancies made after arrival at City Hall: in three of these dismissals have been declared inadmissible and the remaining two have been declared invalid.
Besides the case of Soledad Gutiérrez, the other declared void by a judge has been the dismissal of a disabled worker. This statement concludes that this disability as a "signal more than enough to understand that the dismissal of the worker may be discriminatory" and that "the City of Macael has not presented sufficient evidence to establish that the decision to include the player in the list of persons whose employment contracts were extinguished (…) is outside his disabled condition ", so "this dismissal has to qualify as zero".
Francisca Pérez Laborda remember, before getting the municipal government, "In the PP had said, both in their party meetings as election day, they were going to 'clean up' the City ", so when they came to the Mayor "used the ERE to do".
Secretary General of the PSOE in Macael insists that "the PP was wrong with this rescission ERE, and the criteria used to fire workers "and warns that" now is the town of Macael which will have to pay for the mistakes of the government team, since the City Council must be spent on compensation money that could have been used to keep jobs, plus they have left under minimal municipal services and busy, often, by workers who are not qualified for such work because they were engaged in other tasks ".