The Social Chamber of the Superior Court of Justice of the Canary Islands has ratified the condemnation of the Art, Culture and Tourism Centers for the damages and losses generated to a worker who, occupying the sixth position on the replacement list of administrative assistants of 2017, was not called to cover a vacancy of interim, which was offered to and occupied by an employee in seventh position.
The worker requested the Court to repair the damage caused, since she understood that this position should have been offered to her. Therefore, she asked the Court to terminate the contract agreed with the employee who followed her on the list, to declare her right to be hired in her place and to compensate her for the time she should have covered that position, for two years and three months.
Thus, according to the sentence to which La Voz has had access, the worker who occupied the seventh position on the list was hired between September 2018 and March 2019, as well as by another temporary contract until the selection process of administrative assistant was completed.
In a first sentence, the Court upheld part of her claim and condemned the Cabildo of Lanzarote, through the Centers, to pay the worker 107,160.13 euros, but rejected the rest of the claims.
The TSJC has supported the decision of the magistrate of instance and has dismissed the appeal of the Art, Culture and Tourism Centers, which defended that the time for the claim had expired and that the job offers had been made "attending to the order of the job pool." However, the Chamber has stated that the score "is the criterion to determine the order of the list" and that the Centers skipped the turn of the plaintiff.
Thus, the Court has condemned the Centers to pay 800 euros in court costs and has ratified the compensation to the worker for the salary she should have received during the years in which the vacancy was not offered to her. The sentence can be appealed through an appeal of cassation.
