Post by account_disabled on Mar 9, 2024 3:26:45 GMT
Faced with said ruling , the Association filed an appeal, alleging in the appeal that the actor, by disseminating the aforementioned message via WhatsApp, had committed a serious breach of article 196.3 d) of the Collective Agreement applicable to the staff of the Community of Madrid, where It is defined as such "Serious disregard for superiors […]with whom they interact in the exercise of their duties, including aggressive or violent attitudes and disrespectful behavior or manifestations due to gender, sexual orientation or any other personal cause." […]”.
Well, in the opinion of the appellant, in the Fax Lists residence there is only one Director who is accused of situations of harassment, which means that he is a harasser, and of psychological abuse that threatens the dignity and mental health of the workers, which which assumes that he is an abuser, causing the actor to exceed his right to freedom of association.
Likewise, finally, it states in its document formalizing the appeal that with regard to moral damages, it is considered that in the act of trial no damage has been proven, so no compensation is appropriate.
The Superior Court of Justice of Madrid has dismissed the appeal filed by the defendant, thus ratifying the appealed lower court ruling by ruling that the actor made legitimate use of his fundamental right to freedom of association when he sent said message.
Well, in the opinion of the appellant, in the Fax Lists residence there is only one Director who is accused of situations of harassment, which means that he is a harasser, and of psychological abuse that threatens the dignity and mental health of the workers, which which assumes that he is an abuser, causing the actor to exceed his right to freedom of association.
Likewise, finally, it states in its document formalizing the appeal that with regard to moral damages, it is considered that in the act of trial no damage has been proven, so no compensation is appropriate.
The Superior Court of Justice of Madrid has dismissed the appeal filed by the defendant, thus ratifying the appealed lower court ruling by ruling that the actor made legitimate use of his fundamental right to freedom of association when he sent said message.