The judge dismisses Roig's lawsuit against Chichon, Morales and the OFGC Foundation

Antonio Morlales and Christian Roig, at the court hearing. / Juan Carlos Alonso

In the sentence, he disarms the arguments put forward by the former manager, who claimed 100,005 euros in compensation

V.S.A./ F.S.A. The Gran Canarian palms

The
dismissal of Christian Roig as manager of the Gran Canaria Philharmonic Orchestra Foundation (OFGC)
it was legal and there was no violation of fundamental rights, so there is no place for compensation for damages. This is the conclusion reached by judge Jennifer Rocío Álamo, of the Social Court of Las Palmas de Gran Canaria number 9, in the ruling in which she dismisses the lawsuit filed by Roig against the Foundation, Antonio Morales (president of the Cabildo) the orchestra director Karel Mark Chichon, and the Salary Guarantee Fund (Fogasa).

Roig requested his reinstatement and compensation of 100,005 euros. The ruling can be appealed before the Social Chamber of the Superior Court of Justice of the Canary Islands, after a deposit of 300 euros.

Christian Roig served as manager of the Foundation from September 1, 2020 to March 31, 2021, the date on which he was notified of his dismissal. He received a salary of 56,906.92 euros gross per year, distributed in fourteen monthly installments of 4,064.78 euros.

In between, more than half of the members of the Orchestra signed a letter sent to the president of the Cabildo and the Minister of Culture, Guacimara Medina,
showing their discrepancy with the manager's behaviorunderstanding that he intended to assume functions that did not correspond to him.

Thus, the sentence contains the following: «(Roig) contacted guest artists during the months of October and November 2020 to address issues of an artistic nature related to his performances for the Foundation without previously informing Don Karel Chichón».

In that internal pulse, in the socialist ranks in the Cabildo
there was a clear positioning in favor of Roigto the point that Guacimara Medina and the also socialist councilor Miguel Ángel Pérez resigned from their responsibilities in the OFGC.

Lack of suitability and adaptation to employment

The judge concludes that the dismissal of Christian Roig was "justified by lack of professional suitability and lack of adaptation to the actor's job, the business decision being adjusted to law." And he adds: «In the specific case prosecuted, after a careful examination of the evidence taken, specifically, the testimonies and the documentation provided, it is concluded that the absence of hostile behavior by both the OFGC and the rest of the co-defendants has been proven.»

Christian Roig alleged in his lawsuit that the dismissal was due to the
Workplace Harassment suffered by the co-defendants for the period from October 29, 2020 to March 31, 2021. It also postulated the existence of moral harassment and consequently the violation of the right to dignity, right to physical and moral integrity and to the right to honour.

Regarding these accusations, the sentence leaves no room for doubt: first of all, it dismantles any suspicion of doubt about Antonio Morales, underlining how both Miguel Ángel Pérez and Guacimara Medina contradicted what the plaintiff alleged in court.

As for Chichon's performance, the judge points out that “the allegation that he himself carried out harassing/harassment behavior against the actor is likewise devoid of all evidence. As can be deduced from the proven facts (...), the actor and Mr. Karel Mark Chichón during the employment relationship that linked them
They did not hold any face-to-face meetings, although they did exchange various e-mails. detaching from them a cordial professional relationship. From the reading of the e-mails sent by the director during the period of alleged harassment, they are related to his work, a fact that also excludes the existence of harassment, isolation or degrading treatment and without any sanction despite the complaints filed. As for the face-to-face meetings, both barely coincided two or three times and one of them was on September 23, 2020 when Mr. Chichón exclusively summoned the musicians of the OFGC for a meeting in the Sala Rodó to discuss artistic matters» .