The Social Chamber, based in Las Palmas, has recognized the right of an employee to change his afternoon shift to a morning one to attend to his children. This decision overturns a previous ruling that denied the worker's request, establishing his working hours from Monday to Friday, from 07:00 to 14:30, and granting him compensation of 3,500 euros for moral damages.
“"The described condition in a 16-year-old adolescent is clinically relevant and potentially urgent, precisely because it involves an adolescent with suicidal ideation."
The ruling emphasizes the need to analyze the case with an “adolescent perspective” for the 16-year-old daughter, who suffers from suicidal ideation and is undergoing medical treatment, differentiating it from the childhood perspective applied to the younger child. The resolution highlights that the abstract organizational reason of the company must yield to the accredited family needs.
Furthermore, the ruling indicates that the company's refusal caused compensable moral damage, considering the gender, childhood, and adolescence impact in the case. The TSJC has stressed that this resolution sets a “particularly relevant” precedent due to its differentiated interpretation of adolescence versus childhood in contexts of mental health and work-life balance.
