Ideario de un hospital católico y despido. A propósito de la sentencia del TC 106/1996 de 12 de junio

Abstract

The purpose of this work is to examine and criticise the Sentence of the Constitutional Tribunal of 1996 in declaring null the dismissal of a worker, a clinical auxiliary, who worked in the Catholic Hospital of San Rafael, which is run by the Order of St. John of God. This worker, when joining the Sunday Liturgical celebration in the hospital, gave vent to a series of verbally offensive outbursts against the act of worship being celebrated using expressions such as this is ike a picnic, these are humanitarians etc... The central nucleus of the commentary leads away from the final decision of the Constitutional Tribunal. A series of juridical problems presented by this case are analysed. It links in to the wider problems of confessional entities as ideologically based businesses or organisations and that such organisations are not able to dismiss employees for maintaining or expressing an indeology contrary to the organisation itself. Such dismissal is considered, in general Employment Law as a type of ideological or discriminatory dismissal