The high court of the Basque Country confirmed the decision of the Win SA Company to fire an employee who refused to respect mandatory security standards on the site where he was working. This ruling, pronounced at the end of July 2007, goes over a ruling given on first hearing which had declared that dismissing someone on these grounds was not justified. According to experts, it is a turning point in legal interpretation of this legislation : the law on the prevention of occupational risks. (Ref. 070911)
Even though the law imputes to the employer the charge of respecting safety standards and having them respected, the high legal court considers that employees’ non-implementation also bears consequences. In this individual case, it led to one employee being fired for refusing to adopt security measures repeatedly. In its decision, the court recognized that companies can lawfully appeal to this type of decision because of the “serious damages which can result from an industrial accident when it
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