A trial set for three years is brought forward to “when it remains empty” Legal

The Lawyer of the Administration of Justice (LAJ) of the social court number 5 of Seville has estimated an appeal filed against the decree of admission of a dismissal demand that indicated the trial for May 2024.

In its decree, the LAJ has expressed its agreement with the allegation made by the lawyer Daniel Sánchez Bernal, that the judicial delays violate the Constitution and the European Convention on Human Rights, and has declared that the trial will be advanced “if there is a gap in the agenda”. In this way, the trial will be held before the date indicated in May 2024 if another available date arises in these almost three years.

Likewise, the LAJ has admitted that the fixing of the indications is not an arbitrary action, but is carried out taking into account a strict order of dates and availability.

For Sánchez Bernal, this is a great step and for this reason, he applauds the LAJ’s courage for empathizing and defending the rights of the defendants. In the same way, although it recognizes the structural deficiencies, the lack of personal and material resources and the high workload of the Administration of Justice, it encourages all lawyers to resort to this type of “intolerable situations that violate effective judicial protection and the right to a trial without delay ”.

In this specific case, the employee had been fired by a company that was in bankruptcy, and what his lawyer fears is that by the date the trial takes place the employer is already in the liquidation phase and the worker do not collect the amount that is legally due.