Employee fired after announcing paternity must be reinstated

A COURT has ruled that the dismissal of a worker after announcing to the company that he was going to be a father for the second time was unfair.

The court in Santander understands that the man’s intention was to reconcile work and family life and has declared the dismissal null and void, saying that his right to equality has been violated, as he was “discriminated following the mere announcement that he was going to be a father.”

On May 19, last year, the employee sent an email to the head of the company to inform him that his second child was due in August. The next day, his superior informed him that he had to work on May 25, 26 and 27 when he was entitled to rest, to cover a substitution.

He replied that he had a two-year-old child and that his wife was seven months pregnant, so family conciliation was “essential” for him.

Despite this, he agreed to do the work from home, but the following day he was told it was no longer necessary.

On May 28 the company told him he was dismissed for disciplinary reasons based on his “decreased performance” in March and April, when he was on medical leave.

The court has not accepted this and has sentenced the company to reinstate the employee in the same position and with identical conditions, as well as paying the salaries that he has not received since his termination.


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Written by

Jennifer Leighfield

Jennifer Leighfield, born in Salisbury, UK; resident in Malaga, Spain since 1989. Degree in Translation and Interpreting in Spanish, French and English from Malaga University (2005), specialising in Crime, Forensic Medicine and Genetics. Published translations include three books by Richard Handscombe. Worked with Euro Weekly News since November 2006. Well-travelled throughout Spain and the rest of the world, fan of Harry Potter and most things ‘geek’.

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