Almost six years. Specific, five years, eight months, three weeks and five days they passed between the request of a midwife to initiate the personnel procedure for work-related harassment in the Hospital Universitario-Insular-Maternal Infantile Complex and, several sentences through, the resolution of the Canary Health Service (SCS) to order the processing of the file. 2,096 days later.
On June 7, 2013, the nurse with specialty in gynecology and obstetrics Francisca Fanny Barreto, then interim staff of the Materno, requested in writing to the management direction of the hospital complex the "recognition of a situation of moral harassment at work, concurrent with the syndrome of burn out" [quemar, en inglés] and, of course, "the immediate cessation of any practice or attitude against the dignity and integrity" of the professional. The midwife also complained about "the urgent transfer (...), depending on their special circumstances, to a job of their category in the SCS primary care area", in addition to an indemnity of 30,000 euros as "compensation for the psychological, moral and professional damages "suffered as a consequence of the mobbing.
And until March 4, 2019, after several administrative and judicial proceedings, the SCS management did not order the manager of the Insular-Materno, Víctor Naranjo, "to process procedure regarding personnel (...) on labor harassment". Further, "There is no recourse against the present resolution when issuing a final judgment", the resolution of the regional body, dependent on the Ministry of Health of the Government of the Canary Islands.
From the hospital complex they were limited yesterday to "comply with the sentence", although without specifying the formula of the pending process of labor harassment in favor of a midwife who no longer works in the Maternal Child. Although "the damage is irreparable," according to Fanny Barreto, the economic compensation, now of a greater amount, is presented as the possible conclusion of the labor dispute, "but it is a pity, for all, because it involves public spending and personal attrition. ", lamented yesterday the exmatrona, with permanent disability since 2016 for the burned worker syndrome.
Previously, however, the SCS began in July 2013 a file on property liability, a claim dismissed in May 2015 "when the situations of moral harassment in the workplace and burn syndrome were not proven". However the Contentious-Administrative Court Number 6 of the Gran Canaria capital partially estimated a Barreto appeal when declaring the nullity of the public health resolution.
In the judgment of the court, the SCS processed a procedure of patrimonial responsibility different from the file provided by the applicable regulations for labor applications, since "its request in order to recognize a situation of moral harassment in the work concurrent with the syndrome of burning it is not restricted to the acknowledgment of the compensation for damages claimed, and given that previously the termination of that and its transfer to another job is requested, (...) we are dealing with a matter of personnel ". After dismissing the appeals of the parties, the Superior Court of Justice of the Canary Islands declares adjusted to the law and confirms the judgment previous, declared firm in April 2018.
Although the SCS then asked the Maternal to process the harassment process, the manager of the complex responded in May of last year that "you can not proceed to the execution of the sentence (...) every time that Francisca Barreto ended his employment relationship with this center. " However, Court 6 requested the SCS last January to proceed "immediately to comply with the sentence, (...) or formulate in due form, the corresponding incident of material or legal impossibility to execute" the judicial ruling, reason why the regional body ordered last March to process the file mobbing to the Maternal Hospital. Almost six years later.