The three magistrates of the Social Chamber dismiss the appeal filed by the former head of Production of the OFGC
The Social Chamber of the Superior Court of Justice of the Autonomous Community of the Canary Islands in the capital of Gran Canaria, made up of magistrates Javier Ramón Díez Moro, Gloria Poyatos Matas and Óscar González Prieto, has dismissed "the appeal filed by
Isabel Turienzo Friar against the ruling of the Social Court No. 8 of Las Palmas de Gran Canaria dated September 1, 2021”, which had ruled that
there was no workplace harassment by Karel Mark Chichontitular and artistic director of the Philharmonic Orchestra of Gran Canaria (OFGC), against the
today former Head of Production of this formation.
"Against the sentence
Appeal for Unification of Doctrinewhich will be prepared by the parties or the Public Prosecutor in writing before this Social Chamber within ten days following the notification of the sentence" and it is noted that for its "admission it will be essential" that they be deposited
600 euros Y
"the amount of the sentence".
"In the analyzed case of the account of proven facts," says the sentence to which this newspaper has had access,
“the existence of a situation of workplace harassment cannot be deduced” and this is so because "as is rightly stated in the legal basis of the sentence, the behaviors described by the worker as acts of harassment are simply discrepancies in the way of carrying out the work as well as recriminations in relation to possible errors,
power that Mr. Chichon obviously has as director».
One of the pieces of evidence presented during the trial by Isabel Turienzo was a series of emails that were transcribed during the trial. Regarding those 'emails', the ruling of the TSJC says the following: «
They cannot be described as acts of harassment or professional devaluation or discredit beyond the existing differences in the way of carrying out and executing the labor functions of the actor (Isabel Turienzo) or the artistic director, since the messages are bidirectional».
It also alludes to a meeting that, according to Isabel Turienzo, was proof of workplace harassment suffered at the hands of the British director. Regarding the meeting held
between the actor, Mrs. Gisela and the director Mr. Chichon Nor can a conclusion be drawn from what has been proven along the lines intended by the appellant, without prejudice to the worker's own subjective sensations, but this must always be weighed in relation to a context (work) and in relation to a repetition of attack actions, which does not occur in this case.
"Because of all this, we can only reach the
same conviction reached by the judge of the instanceappreciating the existence of labor differences between the plaintiff and Mr. Chichon regarding the development of the work».
The sentence in first instance was carried out by the titular magistrate-judge of the Social Court of Las Palmas de Gran Canaria number 8,
Gumersindo Pedro Manso Abizanda.
And the three magistrates of the TSJ add: "Based on the foregoing, it must be concluded that from the facts that have been proven, the existence of the continued and systematic workplace harassment denounced by the plaintiff cannot be clearly and conclusively deduced."
They also note that "
The violation of fundamental rights is also not appreciated referred to by the appellant, because in the act of the trial the defendant displayed an active evidentiary activity, which resulted in the fact that the
different episodes and situations related in the lawsuit and that are analyzed individually in the FJ2º of the sentence by the magistrate of the instance».
Roig's trial is still pending
The trial that continues without being held due to different postponements is the one corresponding to the lawsuit also for workplace harassment against Karel Mark Chichon and the OFGC Foundation, filed by
Christian Roig Puigwhen I was
manager and was in probationary period after winning a public contest.
initial demand was expanded. In July 2021, he did so in the Social Court No. 9 of the capital of Gran Canaria, to include
Anthony Moralespresident of the Cabildo de Gran Canaria, request the annulment of his dismissal as manager and his immediate reinstatement, as well as compensation for
€100,005 for "the non-pecuniary damage that has been caused by the violation of the alleged Fundamental Rights".
He took this path after Morales assumed the presidency of the OFGC Foundation, after the resignation presented by the Minister of Culture,
Guacimara Medinawho also held that position.
Roig was dismissed by the executive committee of the OFGC Foundation on
March 31, 2021.