According to lawyer David Mestre Leonardo, who, along with Caio Cortes Igarashi, represented the group of nearly three hundred nurses, the decision taken last week by the STJ could be extended to approximately 7,000 nurses nationwide who are also under individual employment contracts.

“This is a historic result and one of the most significant victories for Portuguese labour justice,” said David Mestre Leonardo, in statements to the Lusa news agency.

According to the lawyer, the Supreme Court of Justice's decision follows successive appeals filed by the Algarve Local Health Unit (ULS) and marks "a decisive step" toward eliminating discrimination between nurses with fixed-term contracts (CIT) and those hired under public service employment contracts (CTFP).

"The decision recognises the right of CIT professionals to salary repositioning and payment of retroactive amounts due from January 2018 [when the unfreezing of career progression in the Public Administration occurred] until December 2021," explained David Mestre Leonardo.

The rulings issued by the Portimão Labour Court and now confirmed by the Supreme Court of Justice oblige, according to the lawyer, the Algarve ULS to recognise that nurses with CIT and CTFP perform equal functions in terms of quality, quantity, and nature.

According to the decision, the STJ (Superior Court of Justice) decided to "dismiss in its entirety" the last appeal filed by the Algarve Local Health Unit (ULS), thus confirming the appealed judgment.

"If the court orders us to do it, we now have no choice but to comply," the president of the Algarve ULS assured the Lusa news agency, guaranteeing that the ULS will, "obviously, comply with the law."

However, according to Tiago Botelho, the issue at stake is "retroactively applying a points count for career progression to 2018, which should not have been done" and should only have been counted from January 2022.

"At a certain point, we had favourable decisions for the administration in the Court of Appeal, but what matters is the Supreme Court, and therefore, we will apply all decisions that the Supreme Court orders us to apply and that have become final," he stated.

The Local Health Unit (ULS) will now have to allocate points relative to the year of commencement of duties, regardless of whether they started in the first or second semester, and will have to proceed with the payment of the (retroactive) salary increases due from January 2018 to December 2021, with repercussions on overtime, night work and holidays, among others, plus interest and court costs, says David Mestre Leonardo.

According to the lawyer, each of the nearly 300 Algarve nurses should, on average, receive between €10,000 and €20,000, with repercussions not only for past salaries and current earnings but also for career progression.

The decision will end the salary discrimination of nurses with Individual Employment Contracts compared to those hired under Public Service Employment Contracts.

“I hope the Government will take legislative measures to extend the effects of these court decisions to all nurses with permanent contracts in the country,” said David Mestre Leonardo, adding that if this does not happen, nurses may resort to legal action.

“It was a true David versus Goliath battle, but justice prevailed,” he concluded.