Supreme Court: Pregnant women fired must prove intent to claim emotional damages.

The court declares the unfair dismissal of an employee from the RFEF null and void, but dismisses a compensation claim for damages due to lack of evidence that the reason was her pregnancy.

In a recent ruling, the court has declared the dismissal of a female employee of the Royal Spanish Football Federation (RFEF) as null and void. However, the court has chosen not to grant compensation for damages, as there are no indications that the dismissal was directly related to the fact that she was expecting a child.

The case revolved around a woman who was employed by the RFEF and claimed that her dismissal was unjustified. She argued that her pregnancy was the primary factor behind the decision to terminate her employment. The court acknowledged the wrongful nature of the dismissal, but found insufficient evidence to support the claim that her pregnancy was the sole or main reason for her termination.

The judge ruled that while the dismissal lacked proper justification, it could not be proven beyond a reasonable doubt that the employee’s pregnancy was the determining factor in the employer’s decision. The court emphasized the importance of sufficient evidence in establishing a causal link between the pregnancy and the dismissal.

It is worth noting that under Spanish law, terminating an employee based solely on their pregnancy is illegal and constitutes discrimination. Employers are obligated to protect the rights of pregnant employees and provide them with appropriate accommodations during their pregnancy.

In this particular case, the court acknowledged the unlawfulness of the dismissal and recognized the need to reinstate the employee to her former position. The ruling ensures that the employee will regain her job and receive the corresponding back pay for the period of her unemployment.

However, the court declined to award compensation for damages, citing the lack of evidence indicating that the employee’s pregnancy was the primary reason for her dismissal. While the court acknowledged the negative impact that an unlawful dismissal can have on an individual, it stressed the importance of establishing a clear causal relationship between the grounds for termination and the resulting damages.

In conclusion, the court has nullified the unfair dismissal of a female worker from the RFEF, acknowledging that her termination was without proper justification. Though the court refrained from granting compensation for damages, it affirmed the need to reinstate the employee and provide her with the necessary remedies under Spanish labor law. The ruling serves as a reminder of the importance of evidence in establishing a causal link between discriminatory practices and their consequences.

Sophia Martinez

Sophia Martinez