Expiry of the time limit for dismissal action, but not for claiming fundamental rights.

A worker suffers an accident at work that triggers a process of long-term temporary disability. While still on sick leave, he was dismissed for disciplinary reasons. He claims the nullity of the dismissal, which he considers discriminatory. In addition, he asked for compensation for non-pecuniary damage, quantified at 25,001 euros. The court ruled that the combined actions were time-barred, as the dismissal claim had been filed outside the 20-day period stipulated by law. Considering that if the main action for dismissal - to which the action for protection of fundamental rights is linked - is time-barred, the action for protection of fundamental rights should suffer the same fate. The worker appealed in an appeal alleging a violation of the right to effective judicial protection, recognised in Article 24.2 EC.

Sentence of the TSJ of Catalonia 21 February 2024

The issue under discussion is whether the action to claim possible compensation for non-pecuniary damages, as a consequence of a discriminatory dismissal, is subject to the same limitation period as the dismissal itself. In other words, it is questioned whether the time limit for bringing an action for compensation for non-pecuniary damages is the same as the time limit for challenging the dismissal.

The ruling of the TSJ of Catalonia of 21 February 2024 establishes that, although article 184 of the Law Regulating Social Jurisdiction (LRJS) imposes channelling the protection of fundamental rights through the specific procedure - in this case, that of dismissal - this does not mean that the expiry of the expiry of the dismissal extends to the action for the protection of fundamental rights. Even if the dismissal action is time-barred, the action for protection of discrimination, brought within the one-year limitation period, should be able to be prosecuted.

‘In the case at hand, there is no doubt that the expiry of the dismissal action must prevent a ruling on the qualification of the termination and its effects, having a preclusive effect on the main action’, reads the judgement.

Article 184 of the Law Regulating Social Jurisdiction (LRJS) requires the protection of fundamental rights to be channelled through the specific procedure - in this case that of dismissal - but this does not mean that the expiry of the dismissal extends to the action for the protection of fundamental rights. After confirming that the dismissal action was time-barred, which prevents an analysis of the qualification and effects of the dismissal, he recalls that actions for infringement of fundamental rights and their reparation continue to be viable within their own limitation period, which is one year. In other words, even if the action for dismissal is time-barred, the action for protection for discrimination, brought within the limitation period, should be able to be prosecuted. By failing to rule on the action for protection and damages in addition to the dismissal, the right to a ruling on all her claims has been violated, resulting in the nullity of the judgment.

The approach adopted by the SCJ of Catalonia is not unanimous for the different appeal courts that have ruled on similar cases. Basically, the SCJ of Catalonia argues that the expiry of the dismissal should not automatically extend its preclusive effect to actions for the protection of fundamental rights, as these must be assessed within their legal limitation period.

It is important to note that the Supreme Court already boasted in its judgment of 10 July 2018 of adopting a flexible position on time limits. This is evidenced by its statement that additional compensation for other damages can be claimed in a subsequent separate proceeding, provided that a reservation of actions has been made.

The TSJ of Galicia (judgment 18 October 2019) also holds that actions for compensation for non-material damages arising from infringement of fundamental rights are not subject to the limitation period for dismissal, while recognising the possibility of exercising these actions independently of the dismissal action.

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