Our Law Firm in Madrid and in particular our team of Employment Lawyers has obtained an important success in the defence of a Director of an important multinational company.
The case of this client was flagrant because after more than 40 years in the company he found that the company began to corner him by appointing another person to replace him and leaving his job empty of content and making him obsolete. Given the magnitude of the compensation that the company would have to pay, the company did not at any time consider dismissing this manager, waiting for him to resign, resign or find a better job.
This worker went to our Law Firm, dealing with Mr. Vicente García Elias, who advised him on the advisability of filing a lawsuit before the Social Court requesting the termination of the contract for lack of effective occupation and breach of business obligations by the company.
Initially, a conciliation paper was presented to the SMAC, in which no agreement was reached. Subsequently, a lawsuit was filed before the Social Court of Madrid, where a trial was held and the judge issued a judgement in which the employment relationship was terminated with the consequence that the company had to pay a compensation of 45/33 days in the same amount as for an unfair dismissal. The company appealed to the Madrid High Court of Justice and the appeal was dismissed.
In the end, the executive received a large severance payment, and his employment contract was terminated with a severance payment equivalent to that of an unfair dismissal, thus fulfilling his expectations.
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