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The town hall in Benalmádena has served six of its firefighters an order to cease their service from 31 March onwards. The decision is based on a court ruling following a complaint from another candidate who was not given a position four years ago due to a repeated swimming test.
The six firefighters who will lose their jobs after four years of service in the town are Manuel Fernández, 48, Óscar Rággio, 47, Luis Rico, 42, Natalio Melul, 34, Sergio Ruiz, 32 and Mauro José Yudica, 31. Most of them have become their families' breadwinners, believing that the job would have secured them a stable future as public servants. Now that the court has annulled the swimming test that, in addition to years of studying and physical training, granted them the position, they "are living a nightmare".
What led to the court's decision was the puzzling procedure that took place at Malapesquera beach in February 2021, when 11 candidates had to take a swimming test as part of the selection for the six positions in Benalmádena. Due to Covid-19 restrictions, they had to perform the exam individually, which led to the whole process being extended from 10am to 2pm. As a result, the candidates took the test in "changing sea conditions".
After complaints about the lack of equal conditions, the town hall considered it necessary for the test to be repeated. The six who passed the test - the six men who are now getting dismissed - only passed the second one, not the first. One of the candidates who passed the first exam took the matter to court.
On 18 July 2024, the administrative court of Malaga ordered that Benalmádena town hall "make a new proposal considering only those who, having passed the first swimming test, had then passed the rest of the tests", ruling that the second swimming exam was not necessary and should therefore be annulled.
The six firefighters affected by the court's order have appealed, hoping that the High Court of Justice of Andalucía (TSJA) will restore their employment. No ruling has been made on the matter so far.
"It is not just about a job, but about a whole life built on a dream and constant sacrifice. Giving up everything to take the necessary tests; spending sleepless nights studying; giving up other job opportunities; relying on a hard-won position," said the six men.
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