Spain: A Care Worker’s Dismissal for refusing to have a Covid Injection Is Overturned in Court
RHODA WILSON for THE EXPOSE
The Social Court of Bilbao has declared “void” the dismissal of a worker from a care centre for dependent people in Bizkaia for refusing to receive the Covid-19 injection, El Mundo reported on Wednesday, 3 November. The Court referred to the doctrine of the Constitutional Court on invasive medical treatments, rejecting the obligation to subject people to a specific medical treatment.
The plaintiff worked in a care centre with more than 40 employees of which three refused to receive the Covid injection. One of the three employees who refused to take the injection had a temporary contract that had been renewed up to four times and that, after refusing to be injected, was not renewed. The second employee ended up being injected and the third, who was the plaintiff in the case, was fired for disciplinary reasons, and appealed her dismissal in the courts.
The company fired the employee claiming that there had been an incident with one of the dependents treated at the centre but it was a minor incident that did not qualify for or justify a dismissal. The Court concluded that the dismissal for disciplinary reasons was a façade and the true reason for dismissal was to terminate the contract because the employee had not been injected.
The Court ruling referred to: the doctrine of the Constitutional Court on invasive medical treatments in which it rejects the obligation to subject people to a specific medical treatment; and to a recent ruling of the Supreme Administrative Court, which rejected the obligation to subject nursing home staff to antigen and PCR tests.
The court ruling indicates that if the worker had been “vaccinated” in order to avoid her dismissal, it would have entailed an injury to her right to physical integrity, since it would have been against her will. Therefore, the judge declared the dismissal void and ordered the company to pay a fine of EUR600 but rejected the care worker’s claim of EUR50,000 compensation, taking into account the social reality of the moment in which the rules have to be applied.
In Spain, social courts are courts related to labour law. The Constitutional Court is at the same level as the Supreme Court but it is an independent court which only considers constitutional matters, cases in which it is alleged violation of constitutional rights and disputes between the State and Autonomous Communities.
In July 2021, the Spanish Constitutional Court ruled the coronavirus lockdown imposed by the Spanish government was unconstitutional. In August, the Supreme Court upheld the ruling of the High Court of Castilla-La Mancha and denied mandatory Covid tests for nursing home workers.
Sources:
- El Mundo: They declare null the dismissal of an employee in a centre for dependents for not being vaccinated against Covid-19 (Spanish)
- The TC declares unconstitutional part of the decree of the state of alarm (Spanish)
- The Supreme Court endorses the TSJ of Castilla-La Mancha that refused to force employees of residences to do Covid tests,(Spanish)
Source
••••
The Liberty Beacon Project is now expanding at a near exponential rate, and for this we are grateful and excited! But we must also be practical. For 7 years we have not asked for any donations, and have built this project with our own funds as we grew. We are now experiencing ever increasing growing pains due to the large number of websites and projects we represent. So we have just installed donation buttons on our websites and ask that you consider this when you visit them. Nothing is too small. We thank you for all your support and your considerations … (TLB)
••••
Comment Policy: As a privately owned web site, we reserve the right to remove comments that contain spam, advertising, vulgarity, threats of violence, racism, or personal/abusive attacks on other users. This also applies to trolling, the use of more than one alias, or just intentional mischief. Enforcement of this policy is at the discretion of this websites administrators. Repeat offenders may be blocked or permanently banned without prior warning.
••••
Disclaimer: TLB websites contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available to our readers under the provisions of “fair use” in an effort to advance a better understanding of political, health, economic and social issues. The material on this site is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. If you wish to use copyrighted material for purposes other than “fair use” you must request permission from the copyright owner.
••••
Disclaimer: The information and opinions shared are for informational purposes only including, but not limited to, text, graphics, images and other material are not intended as medical advice or instruction. Nothing mentioned is intended to be a substitute for professional medical advice, diagnosis or treatment.
