The dismissal of 29 workers with fixed term contracts at the Halcon Foods canning factory, known as La Diosa, has been annulled by the Superior Tribunal of Justice.
According to the decisión an investigation by the Work Inspector revealed that the company, Conservas Martinez Garcia, attempted to benefit illegally from the Labour Reforms to cut the workforce cheaply and to punish the trade union, UGT, and workers who had stood for the union elections finding that “there existed a secret interest in the company to expell most of the electoral candidates of the union, UGT.”
Further, states the Work Inspector in his report and the Tax Ministry, there was a clear falsification of the production and economic justifications given for the dismissals which took place immediately after the UGT had called elections and a day´s strike in protest against the dismissal of worker and after the company had employed seven new workers on temporary contracts.
The Tribunal in Murcia has declared that dismissals annulled due to the violation of fundamental rights of indemnities and of the trade unions and has ordered Conservas Martinez Garcia to pay the unión, FITAG-UGT 3,000 euros in damages and costs.
The company has reserved the right to appeal the sentence.
