The Supreme Court declares null the 83 dismissals in PCB-ITP

The Supreme Court has declared null the collective dismissal applied by the management of the company PCB-ITP Aero and the order to reinstate the 83 dismissed people, by rejecting the appeal presented by the company.

The Supreme Court thus ratifies the ruling of the Superior Court of Justice of the Basque Country (TSJPV) that declared null the dismissal of 83 PCB-ITP workers at the Barakaldo and Sestao plants.

As reported by the LAB union through the social network Twitter, the Supreme Court has declared the collective dismissal null and void and has sentenced the company to reinstate the dismissed personnel.

lortu dugu!!

The Supreme Court declares the collective dismissal of ITP/PCB null. Dismisses the appeal of the company and condemns it to reinstate the 83 dismissed workers.

Zorionak!!!

Borrokak deserves du!!! pic.twitter.com/JhHd3HYbQw

– LAB Ezkerraldea (@LEzkerraldea) February 23, 2022

In its ruling, the Supreme Court indicates that in collective dismissals based on economic, technical, organizational or production causes related to the covid-19 pandemic, if the company proves that the causes are structural and not merely circumstantial, the regulatory files temporary employment (ERTE) “would not constitute an ideal measure to deal with them, so the company can agree on a collective dismissal”.

In such a case, he adds, the burden of proof lies with the company, so “it must prove that the circumstances that led to the collective dismissal are really structural.”

The High Court understands that, since the company has not proven that a structural situation exists, “it should have articulated internal and not external flexibility measures.”

The Supreme appreciates “indications of the violation of the guarantee of indemnity”, in reference to the temporary connection between the sentence declaring null an ERTE of the same company and the beginning of the collective dismissal procedure.

In addition, the company has not provided “a reasonable justification” that the collective dismissal was unrelated to the violation of fundamental rights, for which the Supreme Court considers that the dismissal should be declared null.

ELA has expressed in a statement its satisfaction with this sentence after the numerous mobilizations carried out by the company’s workers in recent months.

For its part, CC. OO. he congratulated the workers “for this great victory”, obtained by “the perseverance in the legal battle and in the street”.