27
FEB 2017
The High Court of Justice of Madrid Supported the Dismissal of a Member of the Works Council due to Moonlighting
Ana Gómez, Partner at ONTIER's Law Department.

The High Court of Justice of Madrid Supported the Dismissal of a Member of the Works Council due to Moonlighting


Spain
ONTIER advised the council, which proved that the employee was working for a different institution in council working hours.

The High Court of Justice of Madrid (HCJ Madrid) is supporting the dismissal of a member of the works council since the council itself proved that he was working for a different institution in working hours corresponding to his schedule in the council.

Ana Gómez, Partner at ONTIER's Labour Law Department, advocated the council. Ana Gómez explains that in order to prove the fraud committed by the member of the council, they hired a detective following certain restrictions so that the evidence submitted would be valid. ''Certain boundaries had to be taken into account in the surveillance activities carried out by the detective''. As per Ana Gómez, the judgement delivered proves that ''the members of the work council are not untouchable''.

For further information on the case, you can check out the full article by Expansión (ES).



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