Jun
24
Pescanova’s former president Manuel Fernández de Sousa. (Photo: Stock File)
Pescanova’s former president faces another legal setback
SPAIN
Tuesday, June 24, 2014, 23:30 (GMT + 9)
Pescanova’s former president Manuel Fernández de Sousa, who resigned from the post in July 2013 after 37 years as head of the Galician multinational firm, “has no right to compensation of EUR 663,119.26 for wrongful dismissal,” concludes the ruling by the Superior Court of Justice of Galicia (TSXG).
The Commercial Court No. 1 of Pontevedra had already ruled in the same way in November.
Pontevedra courtroom argued that Fernández de Sousa’s end of the labour relationship with Pescanova took place “long before” the date fixed by the plaintiff to calculate the compensation — 16 September, 2013 — after his cessation as director and being removed from Social Security.
The TSXG determined that “in no way can we speak of dismissal” when in September last year the entrepreneur was dismissed as director, but not as managing director.
At that time, the labour relationship “would have deemed as ended” because of the resignation letter that Pescanova’s former president sent to the other members of the board, the newspaper La Voz de Galicia informed.
The ruling clarifies that the executive acknowledged that he was not in charge of the operational management when Pescanova started its creditors’ meeting phase – on 5 April, 2013 — and that he had not received compensation for termination of contract or the right to unemployment benefits.
Fernández de Sousa considered relevant claim of compensation because before having leadership roles in Pescanova, he had worked at the firm since 1977.
The creditor’s meeting administrator of the multinational firm, Deloitte, rejected this claim ensuring that Fernandez de Sousa became a member of the council only five months after his incorporation, and in 1978 he was the managing director.
The prosecution lawyers have considered to once more ask judge Pablo Ruz for precautionary measures to avoid the risk of a possible departure of Pescanova’s former president from the country.
Related article:
– Pescanova’s former chairperson sues the company for ‘unfair dismissal’
By Analia Murias
editorial@fis.com
www.fis.com
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