A company that runs tourist catamaran trips from Puerto Colón in Costa Adeje has been reported to the Labour Inspectorate following a dispute with employees.
The complaint has been made against Puerto Costa SL, which operates the Maxicat excursion business. The CCOO trade union claims the company interfered with a process for employees to elect a workplace representative and dismissed two members of staff.
The allegations have not been proven, and the Labour Inspectorate has been asked to investigate. The company was contacted for comment but had not responded at the time of publication.
What is the dispute about?
According to CCOO, Puerto Costa had 26 employees at the beginning of July. The union began the formal process in July for staff to elect a representative, with the election process scheduled to start on 24 th August.
For British readers, the role is broadly similar to a workplace union representative, elected to represent employees on issues involving working conditions and employment rights.
CCOO says it formally notified the authorities and attempted to inform the company. After allegedly being unable to hand over the documents in person, the union sent official recorded notifications to several addresses connected with the business.
It says there is confirmation that at least one of these notifications was received.
Two employees dismissed
The union claims disciplinary proceedings were started against its chosen candidate shortly after his candidacy became public.
The employee denied the allegations against him and submitted a formal response, but was subsequently dismissed.
A second employee was also subject to disciplinary proceedings and dismissed. CCOO claims this happened after he had previously raised concerns about alleged breaches of employment conditions at the company.
The union believes both dismissals were retaliation against the workers, an allegation which has not been proven.
Both employees are now challenging their dismissals through the employment courts and are asking for them to be declared invalid.
Problems on the day of the election
CCOO also claims there were difficulties setting up the committee required under Spanish employment law to oversee the staff election.
The union says employees were not given clear information about who would sit on the committee, where it would meet or when it would be formed.
On 24th August, union representatives went to Puerto Colón, the company's administrative offices at Laguna Park 2 and its registered business address.
At Puerto Colón, where the company's two catamarans are based, they reportedly found employees who did not know how to set up the election committee.
CCOO alleges the workers were also being pressured not to continue with the election. Union representatives subsequently went to the National Police in Adeje to formally record that they had been unable to get the process under way.
The following day, according to the complaint, the company registered a document stating that the election committee had been formed. However, CCOO says it was signed by only one employee, with the other proposed members said to have withdrawn.
The union disputes whether those employees were able to withdraw from the committee under the rules governing workplace elections and alleges they were pressured into doing so.
Labour Inspectorate asked to investigate
CCOO has now formally asked the Labour Inspectorate in Santa Cruz de Tenerife to investigate what happened and determine whether employment rules were breached.
The union says it has provided documents relating to the planned election, the disciplinary proceedings and dismissals, formal correspondence with the company and a record of its visit to the police.
CCOO had previously made the dispute public and staged a protest at Puerto Colón on 18th August after saying attempts to resolve the situation directly with the company had been unsuccessful.
For tourists, there is currently no indication that the dispute is affecting catamaran excursions or other activities operating from Puerto Colón. The complaint relates to employment matters within the company rather than the safety or operation of tourist trips.
The Labour Inspectorate has not yet announced any findings, meaning the claims remain allegations made by the union while the matter is investigated.
