On Monday 16 April 2018 ELIANS BOSTON SA has been summoned to the Industrial Tribunal (Servicio de Mediación Arbitraje y Conciliación) in Alicante.
Since ELIANS BOSTON SA has already indicated that the company is not interested in reaching an agreement in this arbitration process, the next stage in this case will be to take the company to court for an inappropriate termination of employment of an employee on a permanent contract.
The CC.OO union has entered an eleven page legal submission on my behalf.
Teachers who are not yet in a union should bear in mind that a legal submission provided by union lawyers gives you protection as a union member. If you are not in a union and Elians sack you illegally, you would have to pay for this legal challenge with an expensive private lawyer. Also, the CC.OO union has experience of dealing with ELIANS BOSTON SA because of other cases of dismissal they have defended in the past.
Summary and conclusion of the document:
Further news and updates on the progress of this case will be posted here in the interests of transparency.
UPDATE TUESDAY 17 APRIL
I have just been informed that lawyers for ELIANS BOSTON SA have contacted the union to say they object to this blog post. Clearly it is embarrassing for the company that these matters are in the public domain, as they would prefer things to be hidden from public view.
If some agreement can be reached in future, I would be happy to make a clear and solemn undertaking to make no further comment on these matters. However, since no agreement has been reached, I am meanwhile entirely free to publish the facts of MY SITUATION in whatever way I choose.
Readers may come to their own conclusion about the communication of the Elians lawyers. Is this further evidence of bullying by this company?
Update Wednesday 18 April
Many thanks folks for the warm messages of support received from both Spanish and British members of staff at Elians La Nucia, and it is clear you now understand our fight is your fight.
The management style of the past two years has had the intended effect of infantilising staff (“Uncle Tim” etc.) but out of this has been born a rejection of this and a focus on proper salary structures and holding management to account.
Some of us are permanently out of the frame now: but you who remain and are determined to uphold your rights under Spanish law must be supported.
Update Thursday 19 April
The interest in this from Elians teachers is quite clear from the rise in the blog stats over the past few days.
Some teachers have asked to see the full document. I didn’t post it here because I did not think anyone would want to look at all the eleven pages! Now it appears that some of you do! I have emailed the full document in an email attachment to those who have asked for it.
It contains one pupil’s name, revealed in the Elians management dismissal letter, so for professional reasons I cannot put it on a public blog. This is the name of the pupil whose parents were encouraged by management to make a complaint about me, as part of the excuse for the dismissal; as revealed in my earlier publication of the Elians corruption on this blog, whereby an Assistant Principal – whose name has been given to me – was touting for parents to make a complaint about me in order to facilitate my dismissal.
The legal case presented by CC.OO in eleven pages takes each point in the Elians dismissal letter and shows why it is either wrong, too generalised, unsubstantiated or simply illegal. That 11-page document has been emailed to several staff already but I will not make it available on a public space. Please ask me to email it to you and I shall do so in confidence. email@example.com
Remember: the CC.OO union is providing all legal services in this case. If you are not in a union, beware! This Elians management is dangerous and – without a union – you have no support if you are caught in the trap. We were warned in 2016 by seeing what happened to staff in the IES Breckland School in the UK before it failed its Ofsted!
The man from IES now running the show here in the Elians group is using exactly the same sledgehammer against staff. Get into the union and have your insurance ready for when they target YOU.