Portal de Caravaca de la Cruz
www.portaldecaravaca.com
The plaintiff (JRM) was hired as a position of "senior management", being manager of the company Caravaca Jubilee from 1 December 1999. This contract was carried out personally and directly by the then Mayor of Caravaca de la Cruz Domingo Aranda Muñoz, with a monthly salary without extra payments proportion of 4,413.20 euros per month.
The contract signed by both parties became indefinite January 2, 2003.
On June 30, 2014, Caravaca Jubilee SAU informed the actor termination of his employment with effect from July 1, 2014 and made available to the Manager the amount of 17,263.75 euros, corresponding to 7 days of salary per year service, and other 2,536.80 euros for breach of the 15 day notice, resulting in a total of 19,800.55 euros.
(They were consigned only 7 days to consider senior executives)
On February 9, 2015, judgment 46/2015 was issued by the Labour Court No. 1 of Murcia, on dismissal, filed by the then manager of Caravaca Jubilee against the agency that judgment declared inadmissible dismissal effected by the company and ordered it to reinstate the worker or, at the option of the employer, to pay the sum of 106,176.76 euros in compensation for the termination of the employment relationship.
If you opt for readmission, Caravaca Jubilee, should pay the worker's wages processing, for unpaid wages since the dismissal on July 1, 2014 until the date of notification of the judgment.
The worker filed against this self judgment for clarification, claiming other 2,532.80 euros, to understand that there was an error in judgment when setting the compensatory amount.
By counsel Ana B. Alvarez Carrasco, representing the company Caravaca Jubilee SAU, he was presented then appealed against the judgment meritada being contested the same, counsel for the Manager of the company.
On March 3, 2016, it has been issued by the Labour Chamber of the High Court of Justice of Murcia, ruling 134/2016, and after seeing and deliberation by the three judges who make up the Social Chamber, has agreed revoke the judgment in the Labour Court, by a single judge, considering the Appeal of Supplication, annulling it, absolving the Jubilee Caravaca payment of compensation for the Managing entity.
The judgment delivered in the Chamber of the High Court of Justice understands that the Manager of Caravaca Jubilee was not joined to the company for common or ordinary employment relationship, but bound him an employment relationship of a special nature, Senior Management .
, After enumerating the powers that the manager had in Society Caravaca Jubilee Judgment agrees that the Manager acted with full autonomy and full responsibility, exceeding the scope of the common employment relationship, and, as is logical, once the Manager made decisions put them informed the Board of Directors and the General Meeting, but only for the purpose of receiving criteria and instructions of those bodies.
Source: Ayuntamiento de Caravaca de la Cruz
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