Spain / Supreme Court Social Section (Tribunal Supremo. Sala de lo Social) / ATS 6331/2018 - ECLI: ES:TS:2018:6331A

Country

Spain

Title

Spain / Supreme Court Social Section (Tribunal Supremo. Sala de lo Social) / ATS 6331/2018 - ECLI: ES:TS:2018:6331A

View full Case

Year

2018

Decision/ruling/judgment date

Tuesday, May 29, 2018

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Supreme Court (Tribunal Supremo)

Key facts of the case

The court found lawful and proportionate a penalty of suspension of employment of a Muslim woman because she was using her Islamic veil at the workplace. The claimant worked at a mushroom collection pawn, Cultivos Riojal SL, under a permanent and full-time employment contract since July 2015. On April 2016, the company communicated her by written a penalty of suspension of employment and wages of 15 days, for serious infringement and breach of contract, because using the Islamic veil at her workplace. The factory argued that the Islamic veil was outside the cap (part of the mandatory working uniform) she was obliged to wear at her workplace based on hygienic reasons. She did continue to wear it though and on July 2016, the company informed her again by written of her second disciplinary dismissal for the same reason.

Main reasoning/argumentation

The Court did not find any evidence of injury to the right to dignity of the claimant.

The Court considers that the measure complies with the principle of proportionality.

The Court did not consider there is indirect discrimination in the decision to require women workers to strictly observe rules on work uniform.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

To what exent the company's decision to set aside the Islamic veil constitutes a decision that does not curteil the constitutional right to religious freedom and it did response only to labour safety and hygiene reasons.

Results (sanctions, outcome) and key consequences or implications of the case

Her disciplinary dismissal was considered as appropriate.

This last appeal was declared inadmissible. Another appeal is not possible. It was declared as the final instance. No litigation cost were imposed on the claimant.

It was an appeal against the judgment of the Social Chamber of the High Court of Justice of La Rioja of 22 June 2017 - appeal. 179/2017 (Sala de lo Social del Tribunal Superior de Justicia de La Rioja, de 22 de junio de 2017 -R. Supl. 179/2017) which dismissed the worker's appeal and upheld the judgment issued at the first instance, where it was declared its disciplinary dismissal appropriate.

Key quotation in original language and its unofficial translation into English with reference details

"It should be inferred that the measure taken by the defendant has not any kind of connection or relationship with the use of the Islamic veil, but that the defendant has fully established that its decision is totally unrelated to that circumstance

"…cupiera inferir que la medida adoptada por la empresa tenga cualquier tipo de vinculación o relación con el uso del velo islámico, sino que la empresa ha acreditado cumplidamente que su decisión es totalmente extraña y ajena a dicha circunstancia."

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