The Social Chamber of the Superior Court of Justice of the Basque Country has declared void the collective dismissal of the 61 employees of a company based in Oiartzun (Gipuzkoa) dedicated to the delivery of packages for Amazon Road Transport Spain. In addition, it has ordered the reinstatement of said employees by the latter entity.

The resolution is based on the assessment of the lawsuit filed by the ELA union against Smart Delivery Routes S.L., Amazon Road Transport Spain S.L.U. and Delcom Delivery S.L. The court has declared the collective dismissal carried out by Smart Delivery Routes null and void and has determined that Amazon and Delcom must jointly reinstate the dismissed employees under conditions equal to those prior to the dismissal.

The Chamber has also ruled on the payment of processing salaries to the workers; the workers must return the compensation they would have received as a result of the dismissal.

Additionally, the TSJPV has confirmed the existence of an "illegal transfer of workers" between the companies Smart Delivery Routes and Amazon Road Transport Spain, imposing on both the joint payment of 5,000 euros to the ELA union as compensation for the violation of the fundamental rights of freedom of association and guarantee of indemnity.

In the ruling, the Chamber has questioned the organizational cause on which the collective dismissal was based, carried out in June 2023 after the lack of agreement in the consultation period, describing it as "imprecise and unjustified." The court has argued that the company actually decided to terminate due to the lack of success of a designed project, despite having work and orders.

The resolution also highlights the lack of delivery of essential documentation during the consultation period and the failure to comply with article 37 of the Collective Agreement for the Transport of Goods by Road of Gipuzkoa regarding written notification to the works council in cases of collective dismissals.

Failed: the lawsuit filed by the ELA inter-union Confederation against the companies is estimated