The Social Chamber of the TSJ of Catalonia has issued a ruling that annuls the dismissal of a salesperson from a multinational after he informed the company about his second paternity.

The company carried out a series of objective dismissals, so the actor was informed of the termination of his contract for objective reasons, alleging the reorganization of the company. This measure affected eleven people between 03/26/2021 and 09/30/2021.

The reporting magistrates consider that there are indications that the worker was fired for announcing his future paternity, which could constitute discrimination by association or reflex linked to his wife's pregnancy status. The court argues that, according to article 8 of Organic Law 3/2007, any unfavorable treatment of women related to pregnancy or motherhood constitutes direct discrimination based on sex.

Dismissal in response to the announcement of the worker's wife's pregnancy is considered discriminatory based on sex, since the decision to dismiss him indirectly derives from his wife's pregnancy. The legal classification is not binding, and the situation described is subsumable in an indicative panorama that violates the right to equality based on gender due to discrimination by association or reflex, as well as the potential exercise of conciliatory rights.

Once the Court has evaluated the evidence and the cause of dismissal, the ruling establishes that the company will reinstate the worker in his or her job under the same conditions as before the dismissal, and must pay the processing salaries from the moment of dismissal until reinstatement. In addition, the company must pay compensation for moral damage of 7,000 euros.

Failed: Partially uphold the appeal filed, partially revoking the appealed resolution, and agreeing in its place, with partial approval of the claim, to declare the nullity of the dismissal agreed with the effective date of June 23, 2021, condemning the company to reinstate the worker in his job under the same conditions that prevailed before the dismissal, as well as to pay the wages not received from the dismissal until the reinstatement, and to pay the amount of seven thousand euros. (7,000 euros) as compensation for moral damage.