The Supreme Court of Justice of the Canary Islands this week ruled against a court decision last year against a bar manager of a hotel in Fuerteventura for touching a female worker on the hip and told her how good she looked, which led to his dismissal. The Supreme Court revoked the sentence that had ruled inadmissible the dismissal of a bar manager of a hotel in Fuerteventura, and forced the company to reinstate him or pay him compensation of 22,170 euros, plus legal costs.
The Social Chamber of the Superior Court of Justice reported that the only thing that was proven in the lawsuit was that the worker was touched on one occasion on the hip and was told “how good you are”, and this alone constitutes a violation of the Statute of Workers Law for Effective Equality of Men and Women 2007, and the recommendations of the European Union that justifies the dismissal.
“As affable and affectionate as a person is, or as much as he likes to tease colleagues at work to create a good atmosphere, there are certain behaviours that are inappropriate and require the consent of the person if acceptable” reported by the Chamber.
This report also said that a work environment would not facilitate collaboration between colleagues when male workers tell female colleagues that besides being beautiful are good, that these expressions are accompanied by physical contact, which is alien to socially accepted behaviours among people, because it is not proper for any work environment that a man can touch a woman on the hip.
This judgement said that such demonstrations are not a sign of camaraderie because, in addition to being unnecessary, they demand express acceptance without reproach by the victim, and in this case, was not accredited.
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