{"id":1450,"date":"2025-12-29T18:26:09","date_gmt":"2025-12-29T17:26:09","guid":{"rendered":"https:\/\/peritajesgamez.es\/expert-report-requested-by-a-ccoo-ibiza-employee-regarding-a-dismissal-lawsuit\/"},"modified":"2026-03-21T01:10:44","modified_gmt":"2026-03-21T00:10:44","slug":"expert-report-requested-by-a-ccoo-ibiza-employee-regarding-a-dismissal-lawsuit","status":"publish","type":"post","link":"https:\/\/peritajesgamez.es\/en\/expert-report-requested-by-a-ccoo-ibiza-employee-regarding-a-dismissal-lawsuit\/","title":{"rendered":"Expert report requested by a CCOO Ibiza employee regarding a dismissal lawsuit"},"content":{"rendered":"\n

The law firm Luelmo & Rojo<\/strong>, located on the island of Ibiza, requested my services in connection with a lawsuit challenging the dismissal of an employee from the CCOO headquarters in Ibiza.<\/p>\n\n

The grounds for dismissal were based on the disclosure of access credentials for the union’s computer systems and the biometric (fingerprint) time and attendance system to unauthorized third parties. These systems record the personal information of members; therefore, unauthorized access would violate data protection laws (GDPR), as they constitute specially protected data<\/strong>. However, the employee maintained that her dismissal should be ruled unfair, as the union itself was aware of the alleged disclosure of credentials to third parties. <\/p>\n\n

This dismissal was closely linked to the dismissal of the head of the IT department at the CCOO headquarters in Mallorca<\/strong>. This dismissal was appealed before the TSJIB, and the ruling was covered by both the local press (Diario de Mallorca<\/a>) and the national press (El Confidencial<\/a>). The employee was represented by the Mallorcan law firm DMS Legal<\/a>. <\/p>\n\n

The context set out in the statement of charges<\/strong> communicated to the employee in the resolution of the mandatory disciplinary proceedings featured a significant IT component<\/strong>. On one hand, an internal report was cited as a precedent following the discovery of a WhatsApp conversation on a company-provided courtesy device. In this reported WhatsApp conversation, it is revealed that one of the participants is the employee from the Ibiza office, who was provided with various instructions, procedures, and credentials by the CCOO IT services in Palma de Mallorca to resolve IT issues at the Ibiza office. <\/p>\n\n

The person informally in charge of managing these IT support issues and providing user support at the Ibiza office was the husband of the dismissed employee. This individual had verbal authorization from the union to handle these issues, although he did not have an employment contract with the union, as CCOO did not have IT staff in Ibiza. <\/p>\n\n

Given this scenario, the importance of accurately conveying IT concepts in an expert report becomes clear, ensuring the judge has all the information in a clear and transparent manner. Fortunately, there was a high level of collaboration between the employee, her lawyer Mr. Antonio Rojo, and myself. The fact that Mr. Rojo was familiar with certain IT concepts allowed for fluid communication between the lawyer and the IT expert. <\/p>\n\n

Thus, after examining all aspects, my collaboration was formalized to counter the IT-related arguments outlined in the dismissal letter and to analyze a WhatsApp conversation. The IT issues mentioned in the dismissal letter included the analysis of a time and attendance system, remote access software (such as TeamViewer or AnyDesk), and the Confederal IT System (SIC). <\/p>\n\n

From a forensic computing perspective, the preliminary proceedings required a first summons to the Ibiza courts<\/strong> regarding a WhatsApp conversation provided by CCOO. As a party-appointed expert, I was required to provide my credentials\u2014specifically, my official qualifying degree in IT Engineering\u2014to participate in the proceedings. At that point, the identities of the IT experts were revealed, making both parties aware of the need to present rigorous expert reports. <\/p>\n\n

Working closely with Mr. Antonio Rojo, the dismissed employee’s lawyer, we collaborated on designing an appropriate strategy regarding the IT aspects<\/strong>. Rigorous expert reports were prepared, capable of supporting conclusions aligned with the defense strategy, and a reporting schedule was agreed upon to minimize the risk of any rebuttal report from the IT expert hired by CCOO.<\/p>\n\n

Consequently, the court hearing took place in the Ibiza courts on March 8 (coincidentally, International Women’s Day), where both IT experts ratified our reports in person before the presiding judge. During the session, neither the CCOO lawyer nor their IT expert (holder of a higher degree in IT from the UAB and CISA and CISM certified by ISACA<\/strong>) was able to introduce the slightest shadow of a reasonable doubt regarding the forensic IT reports presented in defense of the dismissed employee’s interests. In fact, the CCOO defense lawyer requested a confrontation between the experts<\/strong>, which the employee’s counsel, Mr. Antonio Rojo, opposed, as the forensic IT evidence had already been examined, submitted, and ratified by both experts. <\/p>\n\n

The ruling delivered by the Court, which was favorable to the dismissed employee’s interests<\/strong>, was covered by both the local press (Ultima Hora<\/a>) and the national press (El Independiente<\/a>, which featured a letter to the media issued by the dismissed CCOO Ibiza employee).<\/p>\n","protected":false},"excerpt":{"rendered":"

The law firm Luelmo & Rojo, located on the island of Ibiza, requested my services in connection with a lawsuit challenging the dismissal of an employee from the CCOO headquarters…<\/p>\n","protected":false},"author":1,"featured_media":1451,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[92,93,66],"tags":[],"class_list":{"0":"post-1450","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-employment-law","8":"category-highlights","9":"category-news"},"_links":{"self":[{"href":"https:\/\/peritajesgamez.es\/en\/wp-json\/wp\/v2\/posts\/1450","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/peritajesgamez.es\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/peritajesgamez.es\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/peritajesgamez.es\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/peritajesgamez.es\/en\/wp-json\/wp\/v2\/comments?post=1450"}],"version-history":[{"count":1,"href":"https:\/\/peritajesgamez.es\/en\/wp-json\/wp\/v2\/posts\/1450\/revisions"}],"predecessor-version":[{"id":1452,"href":"https:\/\/peritajesgamez.es\/en\/wp-json\/wp\/v2\/posts\/1450\/revisions\/1452"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/peritajesgamez.es\/en\/wp-json\/wp\/v2\/media\/1451"}],"wp:attachment":[{"href":"https:\/\/peritajesgamez.es\/en\/wp-json\/wp\/v2\/media?parent=1450"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/peritajesgamez.es\/en\/wp-json\/wp\/v2\/categories?post=1450"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/peritajesgamez.es\/en\/wp-json\/wp\/v2\/tags?post=1450"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}