preventionworld.com Published
A Case of Social Court number 30 of Madrid has been a boon to labor rights against sexual harassment at work. The judge concluded on 7 May that the depression a cleaner, 32, was due to harassment by a co-worker of the company, recognizing their sick leave as an occupational accident, a category that is usually given only to physical damage.
quit his job in 2003 and receives a pension for common illness
Purification illness left her job in June 2003 and since then has received a Social Security benefit by "common disease", about 400 euros a month , less than half as if they had filed their problem as an occupational accident. The labor sentenciacidente. The ruling opens the door to fix Social Security and its decision closes a cycle six years in which the victim, who is divorced with two children of 8 and 13 years, has had to survive with few resources, no work, with severe depression and anorexia nervosa. "It's been forever, but has been rewarding," says affected.
At this time, defended by counsel, the General Workers' Union (UGT), the worker has experienced two civil lawsuits. The first dismissal, after taking down denounced the Labour Inspectorate had been sexually harassed by Eusebio Bravo, head of his shift. The company began in March 2004 alleging that his temporary contract had expired, in September, the Labour Court number 13 reversed the dismissal to be in retaliation for the complaint of harassment, testified at the hearing by some of his colleagues. After appeals by the company, the Supreme Court upheld the conviction and packaging company with about 50 employees, mostly women, had to compensate the cleaning of 30,000 euros.
Al substantiated harassment, the employee and her attorney asked the National Institute of Social Security to recognize that depression was a cause-job harassment only when it was submitted, which would improve its provision of low. The Administration rejected the request and she filed a new lawsuit, which has just accepted the court.
The counsel's opinion that the obstacles placed by Social Security to identify low as accident due to trying to "save a more expensive service." After the final ruling, Sparta has again requested the pay rate change and hopes that at last accepted.
The six-year court battle led to the workers to their limits, including suicide attempts and constant long priests in the La Paz Hospital, "was in and out of the psychiatric unit ... I gave discharge to the three PM and join me back nine. I gorged on pills. Just thinking about killing myself, "recalls Purification. While she was in the hospital, pilgrimage children from house to house, family and friends of his mother. When he returned home, the situation did not improve: "I spent the whole day in bed for the medication, without the strength to rise. The girl took care of his younger brother, gave him breakfast, he bathed ... At one point I turned to my mother's daughter, "she says through tears.
jurisprudence is reluctant to accept moral or sexual harassment can cause illness. The ruling in favor is based on the few sentences that do have recognized this possibility, as the Supreme Court, 2005 to protect a Basque regional police had health problems due to pressure from radical nationalist.
07/06/2009 9:32:25 - The Country
0 comments:
Post a Comment