The Tribunal Superior de Justicia de Andalucía has upheld the annulment of a conciliation agreement that closed a Job Dismissal case at Avatel Telecom, ruling that the worker’s representative went too far when he accepted a clause giving up other economic claims. The court also kept in force the order requiring the company to pay costs, capped at 1,200 euros.
The dispute stems from a dismissal on 3 September 2024 and a conciliation hearing on 14 October 2024 in Málaga, where Avatel Telecom agreed to pay 11,284 euros. That sum covered the dismissal compensation, but the document also included a condition barring any further money claims against the company. The later ruling leaves that agreement without effect in full.
The case matters because the worker had allowed a graduated social worker to represent her in the dismissal procedure, but not to surrender other salary-related claims. In practical terms, that means the settlement did not just settle the termination itself; it also tried to cut off future claims for wages or other amounts the worker could still pursue. The judges found that step went beyond the authorization given.
The reasoning is anchored in article 18 of Law 36/2011, which lets workers appear personally or through professionals such as registered graduated social workers, and in articles 1259 and 1261 of the Civil Code. The court’s view was that representation in the dismissal case did not automatically include power to waive rights that were separate from the compensation package agreed in the conciliation act.
That is the friction point in the file: the worker authorized representation, but not a blanket surrender of economic rights. By backing the lower court and rejecting Avatel Telecom’s appeal, the TSJA confirmed that a conciliation act can be undone when the waiver goes beyond what the worker actually authorized. The ruling leaves open the door to whatever salaried or extra-salaried claims the worker may still be entitled to raise, even after accepting the dismissal indemnity.
The decision, made public on 16 September 2026, settles one issue and sharpens another. The 11,284 euros remain the agreed dismissal compensation, but the attempted closure of every other claim did not survive judicial review.
