Vanessa Kjaerulff Jensen is answering the phone in Paula Bashams office in 2007
A 21 year old Danish woman, Vanessa Kjaerulff Jensen, who was unlawfully fired during her pregnancy, won a moral victory in the court in Málaga, when the court ruled in her favour on the 10th of November 2008.
In the summer of 2006 Vanessa Kjaerulff Jensen was hired by Paula Basham, the owner of the English Estate Agency “Axar Properties” on Torrox Costa – to look after the office on a full time basis.
Vanessa was promised a contract from the start but every time she asked to see her contract, Paula Basham always had an excuse for why it wasn’t ready.
Finally, at the beginning of this year, Jan 2008, Vanessa, who was now pregnant –contacted the “gestor” (accountant)
It turned out that she was officially hired as a cleaner for 4 hours a week. The reality however, was that she had been working every day from 10 to 6 and half the day on Saturdays dealing with clients as she was most of the time alone in the office.
Her tri-lingual skills in Spanish, Danish and English were of course of great value to Axar Properties S.L. when dealing with international clients.
When Vanessa complained about the contract in the beginning of January 2008, she was immediately fired by Paula Basham.
This left her with no income, no right to paid maternity leave and even worse with no legal social security for her and her then unborn baby.
The Court in Málaga ruled at the first hearing in April 2008 that Axar Properties was to pay Vanessa Kjaerulff Jensen € 4.000 for unlawful dismissal within a week. Despite this arrangement between Paula Basham and the judge for Vanessa to receive this money, it never happened.
The second and final court ruling on the 10th of November ruled that Axar Properties should pay Vanessa € 11.000 for continuous under payment during her time of employment and her loss of maternity leave payments.
The court ruling was certainly a moral victory but the actually outcome is somewhat more doubtful.
To date Axar Properties S.L., located at Edf. Ruselo Bajo, Avenida del Faro on Torrox Costa, owned by Paula Basham, has not honored the court order.
Paula Basham, who is furthermore a lawyer from the UK, knew exactly how to protect herself. Axar Properties S.L. has had no activity on their three different accounts since the first court hearing in April this year.
Even though the estate office on Torrox Costa is still open for daily business the company does not own anything and has had no cash flow going through since the court hearing in April 2008.
Paula Basham? She is still seen driving around on Torrox Costa in her sports car, she still has a horse stabled in Nerja and she apparently still lives in her villa with pool in Torrox Park.
Vanessa has seen no money yet and she and her partner have spent endless days sorting out social security for their now 5 month old daughter and herself.
Is this justice in Europe ?
