Higher compensation

The statutory severance pay in an unfair dismissal is again raised above the statutory limit.

Compensation supplement

As you know, there is a recent tendency on the part of the courts to recognise, on exceptional occasions, compensation in excess of the legal amount (i.e. the compensation of 33 days per year of service is supplemented). The High Court of Justice of Catalonia has reiterated this criterion.

Unfair dismissal

A female worker was dismissed for objective causes (specifically, derived from COVID-19). However, a few days later, the company initiated an ERTE for force majeure for the same reasons. The Court held as follows:

• That the dismissal was unfair, as the objective cause was temporary, not permanent.
• That the worker should have been included in the ERTE.
• That the compensation paid (which amounted to €1,000, due to the fact that she had little seniority) is not dissuasive and does not adequately compensate the worker.
• That the compensation should be increased to €3,493, which is the unemployment benefit that the worker would have received had she been included in the temporary lay-off plan.

Damage

In short, although there is a legally fixed amount of compensation, the courts accept that the worker can request a higher amount if there is a special damage and it can be accredited.

If you have any doubts regarding this issue, please do not hesitate to contact us, by telephone to Isabel Torre Carazo or by email to itc@btsasociados.com, we will be delighted to help yo