The "unbearable" workload of a civil servant costs the City Council 150,000 euros

The León City Council will have to pay 149,858.34 euros to a lawyer from its legal advisory office who covered the work "of three people" due to the absence of his two colleagues in the municipal office.

The León Court has issued a ruling against the capital's council, after partially upholding the appeal against the local government board of November 2022 that dismissed H.T.M.'s claim for damages caused by having assumed more work than he was entitled to.

The administrative litigation has resolved a conviction that obliges the plaintiff to pay almost 150,000 euros in compensation for the years of work in which he took on the vacancies of two colleagues - on leave in 2014 and 2020. The lawyer requested recognition of his right to compensation for taking on a workload "far superior to his position", through the payment of the salaries of the positions assumed, amounting to more than 330,000 euros and recognition of compensation for moral damages of 16,527 euros, although the León Court has reduced the penalty to 149,858.34 euros understanding that there is patrimonial responsibility of the León City Council to compensate for the damages suffered by the public employee in an activity.

The first appeal filed by the aggrieved party was on January 11, 2021. At that time he claimed compensation for having taken on more work than he was entitled to due to vacancies and absences, although he received administrative silence as a response.

This career civil servant, assigned to the legal advisory office consisting of three positions, saw one of his colleagues go on leave on January 7, 2014, ending with permanent incapacity, severe disability and death without the position being filled. The other lawyer had three periods of leave -2016, 2017 and 2019-, without any corrective measures and leaving the plaintiff as the only lawyer.

It was not until 2020 when a position opened that remained filled for less than eight months, while the other remained unfilled. The position was called again in 2022, although without applications. It was at the moment when the appellant went on leave in 2022 that an emergency lawyer pool was created and two were appointed as interim lawyers to provide service from May of that year.

According to the complainant, since the first leave his workload has multiplied "in unbearable terms, doing alone the work of three people", a situation brought to light before two councilors of Internal Regime -Agustín Rajoy (PP) and Vicente Canuria (PSOE). He tried to initiate selection processes to end this situation, something that the administration has not resolved despite the time elapsed, which led to physical, psychological and moral damages that he enumerated.

For its part, the León City Council requested that this complaint be inadmissible or partially dismissed for procedural deviation as it is understood that it is a procedure of patrimonial responsibility and not a request for extraordinary bonuses or unpaid salaries; they also allege that it is impossible for a public position to receive two or more salaries. They also claim that these payments cannot consist of an act that he "voluntarily" decided and chose to assume.

The judge sees possible application of patrimonial responsibility to compensate for damages suffered by public employees in an activity and does not consider there is procedural deviation. "These are not extraordinary salaries but compensating for damage caused to an employee by prolonged omission by administration in covering vacancies," he explains.

The situation fits into a case of "continued damage" that began when lawyer positions were not filled in 2014 and 2020 and only ended with temporary positions for two interim lawyers. "The harmful situation was directly generated by León City Council's passivity, which could have ended it at any time but did not," emphasizes Judge Alfonso Pérez Conesa. "The City Council does not explain how it could have rejected what they understand as voluntary overwork by an employee in a critical public organization function and his abandonment from service is classified as very serious," he explains in his statement.

The ruling speaks of an "anomalous and prolonged" situation known by administration and seen as "predictable and avoidable" without taking any "real and effective measure" during this time. In fact, currently two lawyer vacancies remain covered by interim lawyers. Therefore there is an "abnormal operation" repeatedly warned by complainant's superiors who "ignored them" resulting in an "excessive and unbearable workload" leading to compensable damage due violation of right as public employee receiving effective protection in occupational safety and health matters.

The resolution also mentions role played by councilor who denied appellant service extension stating worker did not adhere principles “loyalty good faith” regarding patrimonial responsibility claim presented. Judge calls situation “aberrant inadmissible” understanding it retaliation identifying elements “mobbing workplace harassment.”

The extensive ruling recognizes “exorbitant” workload psychosocial risk constituting “real effective damage” worker noting non-compliance León City Council occupational risk prevention because “facing possible factors Council neither eliminated minimized risks nor adopted corrective measures.”

Therefore considers proven excessive workload situation León City Council inactivity declares patrimonial responsibility applying total demand €14985834 partially upholds appeal against November 2022 local government board decision dismissing H.T.M.’s claim leaving it ineffective.

Against this ruling appeal may be filed before Castilla y León Superior Court Justice Mayor León José Antonio Diez already announced will present appeal noting matter originates from year 2014 will assess judicial decision when final.