MADRID,12th Nov. (EUROPA PRESS) – The Court of justice of Castilla y León (Second Instance) has found IBM Global Services Spain responsible for the professional harassment of a worker assigned to the Michelín company. It has annulled her dismissal and obliged the company to readmit her and pay her the salaries not received.
According to sources within the IBM Works Committee, “the company refuses to comply with the sentence pronounced by the TSJ of Castilla y León the 12th. February 2007, which rejected the appeal presented by the company against the ruling of the Social Court number 2 of Valladolid on 12th. September 2007.”
IBM has not filed an appeal against this last judgement against the Supreme Court and has exhausted the time limit for its presentation, the sentence therefore becoming an unappealing sentence and the worker now demands its enforcement.
The sentence, to which Europa Press has had access, esteems demonstrated that “from the time the worker was assigned to Michelín she has practically been without real work and that for six months, the company, through her hierarchical superior have tried to get her to resign her position voluntarily, offering her money or threatening to transfer her, all this having caused the worker a state of depression and anxiety”.
The worker took sick leave for reasons of temporary incapacity the 1st June 2007, and two weeks later the company informed her of her disciplinary dismissal claiming that she had been absent from her workplace without prior notification or justification..
According to the
same sources, IBM has ordered that the employee be refused admission to her
work centre and that up to now she has not received any salary or assistance
for incapacity. The worker turned up at her office bearing a court order ordering
her readmission and was expelled by her immediate superior.