The Social Chamber of the High Court of Justice of the Canary Islands has fully upheld the appeal filed by Jemanil Investments, the company that operates the Hotel Chatur Palmera Mar in the municipality of Mogán, represented by attorney Trigueros Saavedra. The company has won 23 contracts totaling €5,02 million in recent years.
The ruling overturns the previous decision issued by the court of first instance in Las Palmas de Gran Canaria, which had partially upheld the claim filed by a worker for dismissal and payment, ordering the absolute retroactive application of the procedural actions to guarantee the right of defense of the hotel company in the south of the island.
The initial lawsuit filed by the employee (a receptionist with a gross and prorated daily wage of €72,25) not only challenged the disciplinary dismissal communicated on December 31, 2024, but also claimed back wages totaling €2.615,23. The company sent the employee a registered letter dated December 18, 2024, granting him a preliminary hearing for the disciplinary dismissal, which was ultimately carried out with the delivery of the dismissal letter on December 31, 2024.
The proceedings originated from a disciplinary dismissal notified in late December 2024 to an employee with the position of receptionist. After the initial electronic notification via the Single Authorized Electronic Address proved unsuccessful, the court ordered service by certified mail with return receipt requested at the company's registered office. The high court found that the postal delivery receipt had a formal defect, as it did not provide verifiable proof of identity or employment relationship with the company of the person who received the documentation at the establishment.
The Court based its ruling on the fact that the omission of these requirements resulted in material prejudice to the defendant's right to a fair hearing, violating Article 24 of the Spanish Constitution. Because the receipt of the notification by an authorized representative of the company linked to the Mogán hotel complex was not validated, the company's ability to appear in a timely manner, oppose the claim, and present evidence at trial was curtailed. The court declared all proceedings null and void from the initial admission phase onward, exempted the company from the costs of the appeal, and ordered the return of the deposits made.
