The "judicial co-responsibility control", a new setback for workers who dare to care
Commentary Sentences Hight Court of Justice of the Canary Islands of April 24, 2024 (1561/2023) and its Dissenting Opinion.
Abstract
Judgment that prosecutes a claim for family conciliation (art. 34. 8º ET) in which the plaintiff worker requests a reduction in working hours and assignment to a fixed shift from Monday to Friday to care for her 2-year-old daughter. The lower court ruling had upheld the right to the requested settlement and, also, partially, a parallel compensation for moral damage of 3.125 euros. The Canary Islands Chamber upholds the company's appeal and revokes the ruling, dismissing the claim, on the one hand, in application of the "judicial co-responsibility control", as the male parent is exempt from weekly fines and, on the other, due to the impact that she would have in the rotating weekly rest of the rest of her colleagues. A dissenting vote is issued to the majority opinion under art. 260.2 LOPJ.
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References
Tribunal Superior de Justicia de Canarias (Las Palmas), Sentencia nº 678/2024 de 24 de abril de 2024 (Rec. 1561/2023) y Jurisprudencia diversa contenida en el artículo
- 11-06-2024 (2)
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