The Superior Court of Justice of the Canary Islands (TSJC) has ruled against the Instituto Nacional de la Seguridad Social (INSS), finding that it failed to protect an employee from psychosocial risks tied to chronic overwork at its Santa Cruz de La Palma office. In a judgment dated 19 May 2026, the court ordered the INSS to pay €15,000 in moral damages to Iria Campelo, a senior staff member, and adopt appropriate preventive measures. The ruling overturned an earlier verdict. It found that the agency’s failure to address established workplace risks violated her basic right to life and to physical and moral integrity under Article 15 of the Spanish Constitution.
The case covers the period during and after the COVID-19 pandemic, when the office had eight assigned positions but operated for a large time with only six employees. The shortage coincided with added demands during the pandemic and the La Palma volcanic eruption. The launch of the Ingreso Mínimo Critical (IMV), Spain’s minimum-income benefit, added further work. A later psychosocial-risk assessment found that 72% of surveyed workers considered their workload high or excessive. Those pressures formed the backdrop to Campelo’s complaints about appointment schedules and access to services.
Campelo documented her concerns in repeated emails and medical reports. At times, she handled between 18 and 21 in-person visits per employee. During one week in November 2022, only three female employees were present, and one was attending a two-day training course. Campelo argued that the appointment schedule left too little time to explain decisions and answer users’ questions safely and effectively. She also said many available telephone appointments were booked by people outside La Palma, mainly from Tenerife and sometimes from mainland Spain, making it harder for island residents to access services. Pressure on staff mounted. At times, people behaved aggressively at the office entrance.
Management turned down repeated requests for extra support and changes to the appointment system, citing higher-level directives. Campelo and two colleagues then began skipping some telephone appointments, arguing that limited resources should go to local needs. The administration said Campelo had deliberately missed assigned calls, leaving colleagues to take on the work. The dispute led to disciplinary action: Campelo was suspended without pay for six weeks.
Campelo and a colleague sued the INSS, alleging violations of Spain’s workplace-risk-prevention structure. The first court dismissed their claims, finding that excessive workload had not been established and blaming structural budget constraints rather than negligence. The TSJC rejected the view that staff shortages alone excused the agency from its occupational-health obligations. It found that Campelo had documented the working conditions through recurring complaints and medical records, while the INSS had not adequately shown it took concrete, effective corrective measures. The judgment stressed that formal compliance is not enough; prevention must work in practice.
The timing of preventive action also figured prominently in the case. The INSS had no prevention plan until 2023 and did not conduct a formal psychosocial-risk assessment until 2024, after the Labour Inspectorate intervened. A specialist report from November 2024 described symptoms consistent with psychological harm linked to the reported workplace conditions and recommended continued treatment. The court ordered the agency to introduce measures addressing psychosocial risks among staff.
The ruling recognizes that work-related stress and other psychosocial hazards in public administration can engage Fundamental Rights when an employer fails to meet its prevention obligations. It also makes clear that staffing or budget constraints do not, by themselves, remove a public employer’s duty to assess and reduce occupational risks. Another lawsuit over the same office remains pending. The INSS says it acted in accordance with regulations and has appealed the decision to the Supreme Court.
Despite her legal victory, Campelo reports ongoing difficulties at work, including social isolation and a lack of support from colleagues. She remains on medical leave and has requested a transfer. The Ministry of Social Security points to a recruitment lead that has authorized nearly 9,500 new positions since 2020 to address staff shortages and improve service quality, particularly in the islands.
Spain’s public sector has long struggled with staffing and service delivery, particularly in remote regions such as the Canary Islands. The pandemic intensified those pressures and exposed gaps in digital access. It also revealed the limits of remote service models. The case puts the practical application of occupational-risk prevention in public offices under scrutiny. Understaffing and appointment pressure can combine with delayed risk assessments, affecting employees and the people they serve.
