The court denies a transfer to a Palma airport worker to care for his sick parents: "Going there won't make them better."

PalmThe High Court of Justice of the Balearic Islands (TSJIB) has upheld the decision of a labor court in Palma to reject a work transfer to Alicante Airport, in order to care for his sick parents, requested by an Aena employee who works as a firefighter at the Son Bonet airfield (Marratxí).

The plaintiff, who works as a firefighter for the airport operator, applied for work at Alicante-Elche Airport, arguing that the collective agreement provides for transfers due to serious or chronic illness of the employee or a dependent family member, provided that the change of residence helps the illness improve and is certified. According to the TSJIB ruling, the plaintiff's parents are between 75 and 65 years old and live in an isolated house in a rural area of the province of Alicante. The father has been diagnosed with heart disease, atrial fibrillation on anticoagulant treatment for stroke prevention, and systemic embolism, while the mother suffers from bronchial asthma and hypothyroidism.

However, a labor court in Palma denied the transfer because it failed to prove that the change of residence "would contribute to the improvement of the father's illness." In his appeal to the TSJIB, the Aena employee alleged an "omission of inconsistency" in the court's decision, given that, in his opinion, it clearly failed to assess the medical documentation provided regarding his mother.

Now, the judges have again denied the transfer, basing their decision on the fact that the requirements for modifying the proven facts are not met, and therefore the appeal lacks a "correct factual formulation." Furthermore, they recalled that the ruling does not explicitly conclude that the parents are "in their care," because the parents' personal income tax returns reflect income from pensions and income attributions.

Regarding the appellant's working hours, the TSJIB ruling considers that it has been established that "he enjoys a work schedule that allows him one day of rest and a single 24-hour shift per week," which would allow him to reside in Alicante "continuously to care for his family members, if necessary."

This ruling is not final and may be appealed before the Supreme Court.