Malaga court orders worker to return the severance payment she received twice

Malaga court orders worker to return the severance payment she received twice

Courts ·

The woman will have to pay back the company 11,494 euros after the court was made aware that she had already been compensated

Irene Quirante


Friday, 14 April 2023, 16:42


A female worker has been ordered to return a severance payment she received for her dismissal. It comes after a court in Malaga ordered the company to pay her this amount because it was not aware that the employee had already received this money, as when she filed the claim, the woman did not bring this fact to the attention of the court.

In the order, Malaga city’s Social Court number 3 has now ordered her to return 11,494.94 euros to the company.

The plaintiff never brought to the court's attention that this amount could be deducted from the 88,127.93 euros that the judge decided she should have received. Hence, in his opinion, it was "inappropriate to receive the amount".

The company was represented by the law firm Ley 57 and tried to annul the proceedings by proving that at no point in the case had the defendant received any notifications relating to the case, as the address provided by the employee was that of the company, which had closed.

However, the court ruled that, as this address was the one that appeared on the employee's pay slips, as well as in the letter of dismissal that she received, the requirement of article 58 of the Law Regulating Social Jurisdiction was fulfilled.

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