Complaint

A worker at the port of Palma is demanding 15,000 euros from the contracting company and the Port Authority for workplace retaliation.

He claims he was sanctioned six days after filing a lawsuit for demanding labor rights and reporting maritime safety irregularities.

The Port of Palma.
Upd. 27
2 min

A sailor at the port of Palma has filed a lawsuit against D-Marin Spain, the company that manages the moorings, and the Balearic Islands Port Authority (APB), claiming €15,000 in damages for emotional distress due to an alleged violation of his fundamental right to protection from retaliation. According to the lawsuit, which ARA Baleares has obtained, the worker—who has been with the company since 2014—maintains that the sanction imposed by the company is direct retaliation for his having legally demanded better pay and reported labor irregularities. The plaintiff, who works as a professional sailor and skipper, asserts that he is the only employee with all the necessary maritime qualifications for the service provided by the company, qualifications which, he argues, are essential for D-Marin to maintain its public service concession. In this context, he states that he requested a salary supplement and a voluntary leave of absence with job security, a claim he ended up taking to court after a failed attempt at conciliation. Six days after filing the lawsuit, the company notified him of a disciplinary sanction. This timing is key to the complaint, which argues that the measure violates the fundamental right to effective judicial protection and the guarantee of immunity from prosecution enshrined in the Constitution. Complaints regarding safety and lack of documentation

The worker also recounts that he had warned the company about deficiencies in the documentation and safety of several vessels used for maneuvers within the port, including a rented boat that, according to him, might not meet the legal requirements to operate in this area. He claims that he requested insurance, navigation permits, risk assessments, and other technical documentation, without receiving a response. According to the document, these warnings allegedly escalated the conflict with the company. The plaintiff maintains that, far from correcting the alleged irregularities, management opted to open a disciplinary procedure against him, which he considers "unjustified" and processed without the required prior hearing, and therefore he also requests its annulment. The lawsuit is also directed against the Balearic Islands Port Authority, which the worker attributes to possible responsibility for a lack of oversight regarding compliance with the public contract awarded to D-Marin. According to the worker, the Port Authority of the Balearic Islands (APB) should have ensured that the company had the necessary qualified personnel and that maritime operations were carried out with all safety guarantees. In addition to seeking the annulment of the sanction, the worker is claiming compensation for moral damages, linking them to anxiety and stress resulting from the labor dispute. The requested amount—€15,000—is based on Supreme Court jurisprudence and the indicative application of the social sanctions regime for very serious offenses. The case is currently pending judicial resolution.

stats