A judge in Seville, Spain has declared a temporary worker who was providing long-standing services as an orderly in a secondary education institute has ruled that her dismissal was unfair, reports El Mundo. The paper noted that this is the first ruling of its kind known in the Andalusia community in the application of the doctrine of the Court of Justice of the European Union (CJEU) on “abuses in the temporality of hiring”.

The board of the institute will have to reinstate the worker and pay her the wages she has not received since her dismissal or pay her compensation of €30,535.48.

According to the ruling published by the Superior Court of Justice of Andalusia (TSJA), the woman held a position as an orderly in an institute in Seville for 14 years but, when the position was definitively filled by a permanent worker, she was notified of her dismissal, which would occur on 31 May 2023. Her temporary position, therefore, exceeded the limit of three years that the Basic Statute of Public Employees and the doctrine of the Supreme Court have considered applicable to these cases. The judge ruled that the employee's relationship of more than 14 years had already acquired fixed status.

“From the evidence carried out, it can be concluded that we are unequivocally faced with an unjustifiably long and, therefore, abusive temporary contract," stated the head of the Social Court number 14 of Seville which applied the ruling of the CJEU and declares the worker as "permanent" and her dismissal as unfair, with all the corresponding legal effects.