The Supreme Court found that when a company is part of a group wishes to dismiss for economic reasons, is obliged to informin a letter of resignation situation of all companies, not just their own.
By decision of March 23, the social chamber rejects the appealOfficial chamber of commerce and industry, services and navigation in Santa Cruz de Tenerife against the decision of the Supreme Court of the Canary Islands of May 2019.
It was about dismissal of an employee Union of Merchants, Industrialists and Farmers of the Island of Tenerife (Ucias), whose Chamber of Commerceor owns 96.87% of the capital. The Supreme Court addressed the question of whether, in the case of an objective dismissal, in which the existence of a group of companies is proved, the letter of resignation which reports only the economic situation of one of them, even if the negative economic situation coincides.
The TSJ of the Canary Islands granted the employee’s demand and found the dismissal unfair, understand that two companies form a group for labor purposes. And now the Supreme Court considers the application for dismissal insufficient and inadmissible, due to the absence in the said document of information about the economic situation of all the companies of the group.
The dismissal letter, explains the Supreme Court, refers only to the economic situation of one of the companies, “even when in court evidence-based activity was deployed on the economic situation of the two.
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