The Supreme Court has confirmed a new conviction to Tragsa and the Ministry of Territorial Policy of the Government of the Canary Islands, for another “illegal transfer” of a worker assigned to the Timanfaya National Park as an interpreter guide.
The plaintiff was hired in 2007 through the public company Tragsa, with a temporary contract in its work or service mode, and for a decade he continued to chain temporary contracts, despite covering a stable position and directly dependent on the Ministry.
In fact, the ruling emphasizes that other workers who provide similar services are personnel of the Government of the Canary Islands, while in this case Tragsa was used for hiring. And the same thing happened with another interpreter guide, who also went to court and got a favorable ruling.
Now, the Supreme Court reproduces the arguments of that ruling, which also declared the transfer of that worker illegal, condemning the Ministry to recognize her condition as indefinite non-fixed labor personnel. In the case of this new worker who has obtained a favorable ruling, they must also recognize the seniority from 2007, which is when he began working with a first temporary contract.
In his case, the legal battle began five years ago, after having unsuccessfully addressed the Ministry. Initially, the Social Court rejected his claim, but it was later upheld by the Superior Court of Justice of the Canary Islands, which agreed with him and annulled the first ruling.
The Ministry and Tragsa then appealed to the Supreme Court, which has now rejected their claims, agreeing with the worker and also condemning the appellants to pay the costs generated.
