Post by account_disabled on Mar 12, 2024 1:58:52 GMT -8
The worker must provide some proof of the existence of liquidity in the company's treasury for the objective dismissal to be declared unfair.
The Supreme Court has issued a ruling declaring proven Email Data the lack of liquidity of a company in an ERE based on what was indicated in the collective dismissal letter for objective causes of an economic nature, as well as for the closure and inactivity of the company. Due to this lack of liquidity, although the company awarded the dismissed worker compensation in the amount of 11,466 euros, it was not paid to her because she lacked cash and had an overdraft of more than 10,000 euros.
The High Court rules that the failure to make available the compensatory amount for objective dismissal after an extinctive ERE that ended with an agreement reached between the company and the workers is not a reason to declare the dismissal as unfair .
Well, although the burden of proof falls on the company, the evidence regarding the lack of cash being valid and sufficient in the absence of possible full proof, it is the worker who must discredit said evidence .
The plaintiff had been providing services on behalf of and on behalf of the defendant company Vila de Muro, SL, succeeding in the activity Hostelmar Mediterránea SL, which in December 2018 was subrogated to the employment relationship. The company notified the plaintiff of the dismissal in January 2020, alleging economic causes and recognizing compensation in the amount of 11,466.22 euros, which was not made available to her due to the situation of illiquidity derived from the economic situation of the company.
The Supreme Court has issued a ruling declaring proven Email Data the lack of liquidity of a company in an ERE based on what was indicated in the collective dismissal letter for objective causes of an economic nature, as well as for the closure and inactivity of the company. Due to this lack of liquidity, although the company awarded the dismissed worker compensation in the amount of 11,466 euros, it was not paid to her because she lacked cash and had an overdraft of more than 10,000 euros.
The High Court rules that the failure to make available the compensatory amount for objective dismissal after an extinctive ERE that ended with an agreement reached between the company and the workers is not a reason to declare the dismissal as unfair .
Well, although the burden of proof falls on the company, the evidence regarding the lack of cash being valid and sufficient in the absence of possible full proof, it is the worker who must discredit said evidence .
The plaintiff had been providing services on behalf of and on behalf of the defendant company Vila de Muro, SL, succeeding in the activity Hostelmar Mediterránea SL, which in December 2018 was subrogated to the employment relationship. The company notified the plaintiff of the dismissal in January 2020, alleging economic causes and recognizing compensation in the amount of 11,466.22 euros, which was not made available to her due to the situation of illiquidity derived from the economic situation of the company.