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Areas General Services Presidency Balearic high court refuses to back former Formentera firefighter's claims of wrongful termination

Balearic high court refuses to back former Formentera firefighter's claims of wrongful termination

The Balearic Islands' highest court, the Tribunal Superior de Justícia, or TSJIB, issued a rejection of the wrongful termination claim by Rubén Castellar Lozano and overturned a previous ruling requiring the administration to satisfy Castellar's demand of €10,143 in unpaid wages.

Castellar worked for the Formentera Council from March 7, 2016 to January 31, 2017, the day the former firefighter determined he would stop work. However, Castellar arrived at work with his lawyer and a notary on the day in question claiming no knowledge of any agreement to that effect. At that time he filed a claim saying his termination had been invalid.

On that point, the TSJIB declared it had sufficient proof “the Castellar communicated he did not wish to renew his employment contract. In line with this, his employment came to an end by voluntary resignation and not a unilateral decision by the hiring entity”.

Repealed as well is an earlier ruling's requirement the Council provide Castellar unpaid wages, as the firefighter sought to benefit from a convention for which he was not eligible. The court ruled “the plaintiff's wages were those set by his employment contract”, and declared that “a collective agreement for personnel of the Illes Balears administration is not applicable because [the hiring party] is not part of the Balearic administration; it has its own administration”.

Reserve staff

The firefighter also filed a 2014 suit against the Formentera Council claiming entitlement to employment given his place on the administration's list of reserve staff. He won the suit when the court ruled the plaintiff should have started work summer 2014, not March 2016, and Castellar successfully lobbied for compensation despite services not rendered.


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