The judgment upholds the claim brought by a temporary employee of Laudio Town Council (Álava, Spain) who was dismissed on 6 October 2020, after having been in the same post for six years.
The reason for her dismissal was that she was not in possession of the PL3 - which certifies a high level of proficiency in Basque on a four-level scale - at the time when this requirement was made compulsory for that post: 24 March 2020.
The civil servant, who was 45 years old at the time of dismissal, accredited PL1, the lowest level, a few days before her dismissal.
The Contentious-Administrative Court number 3 of Vitoria-Gasteiz has declared the dismissal of this civil servant null and void. The judge said that the employee's "lack of ability" to carry out the job had not been accredited, and reproached the City Council for its "lack of sensitivity" to the employee's efforts to understand a language with "extraordinary difficulties". Read more.
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