Court Voids Arona Council Dismissal of Pregnant Employee, Citing Discrimination

A recent ruling by the Contentious-Administrative Court in Santa Cruz de Tenerife has clarified the legal boundaries of discretionary public appointments, specifically regarding protection against gender discrimination. The court declared the dismissal of a temporary employee at the Arona City Council null and void, concluding that she was fired due to her pregnancy rather than a genuine loss of professional confidence, as the council had claimed.

The court’s decision, issued on July 30, orders the City Council to reinstate the employee to her position and pay her back wages from the date of her dismissal on November 21, 2025. However, the judge denied her request for an additional 20,269.83 euros in compensation.

The employee was hired on March 6, 2025, with a contract running until June 2027 and a monthly salary of nearly 1,900 euros. On September 23, 2025, she began medical leave for a high-risk pregnancy. Shortly after, Vox councilor Naím Yánez Alonso—who had originally recommended her for the role—requested her dismissal, citing alleged absences and misconduct. The mayor’s office fired her just two months after she went on medical leave.

The judge, supported by the Public Prosecutor’s Office, found that the council failed to provide objective evidence to justify the firing, determining that her pregnancy was the true reason for the decision. The ruling emphasizes that while public officials have discretion in hiring and firing staff, this authority does not override the constitutional right to non-discrimination.

This decision aligns with existing legal precedents that provide strong protections for maternity in the workplace, which take priority over the power to remove trusted staff. The Arona City Council has 15 days to appeal the ruling, which the court has described as a direct violation of fundamental rights.