The Social Court number 1 of Elche has sentenced the Generalitat Valenciana to pay compensation of 10.000 euros to María Teresa Tanco, victim of sexual abuse by Mónica Oltra's ex-husband, for her dismissal at the Torrevieja Hospital.
In the sentence, to which ABC has had access, the magistrate declared the "radical nullity" of the young woman's dismissal. Tanco's defense has announced that it will appeal the ruling as the judge considers the amount insufficient.
The victim of Luis Eduardo Ramírez Icardi, sentenced to five years in prison for the sexual abuse committed when the young woman was a minor, worked in the summer of 2021 as an administrative assistant when the Generalitat took over the management of the Torrevieja Hospital in a process of reversion. Both Teresa and her partner then lost their jobs.
The sentence of this March 30 hears that it has violated the fundamental rights of both young people. According to the ruling, "the day after the reversal, the two defendants went to the hospital to inquire about their situation." The person in charge searched for their contracts, "but never contacted the interested parties," according to the court ruling. Teresa and her partner were then the only workers, out of a workforce of more than a thousand people, who lost their jobs. The rest were surrogates.
Tanco's lawyers consider that the actions of the Ministry of Health represented a kind of "revenge" for the complaint filed at the time by the young woman against her educator, convicted of sexual abuse in a pending ruling on the appeal filed by Mónica's ex-husband Ultra before the Supreme Court.
Given the nature of the dismissals, the Generalitat Valenciana had to "prove the existence of sufficient, real and serious causes to qualify the business decision as reasonable and unrelated to any injurious purpose of fundamental rights". However, the magistrate considers that the regional government did not provide sufficient arguments and limits itself to explaining that the reversal process had not been "peaceful" and that the concessionaire company was late in sending the documentation.
The DOCV of July 4, 2022 published the list of personnel subject to subrogation, in which the applicants did not appear. Of the 1.058 workforce, a total of 1.056 were subrogated by Health, excluding only the two of them, who filed a dismissal lawsuit. As a result of this defendant, Health issued two administrative resolutions where, after acknowledging that the subrogation that it should have done did not take place, it carried out the liquidation of the temporary contracts up to the date they had set, with the corresponding remuneration.
The sentence that imposed on the Generalitat the payment of 10.000 euros to the young woman and her previous partner for the nullity of their dismissals can be appealed before the Social Chamber of the Superior Court of Justice of the Valencian Community.
Despite this annulment, the reinstatement was not proceeded since, in accordance with the regularization carried out, the remuneration not received, the liquidation of unused vacations, recognition of services rendered and contributions to Social Security were paid, and the employment relationship in November 2021 and February 2022 for each of them due to the reinstatement of the workers they were replacing.
The ruling occurred a few days after María Teresa Tanco lost the guardianship of her minor children, who have passed into the hands of the Generalitat.
