Court gave reason to the company, but the employee thinks it was unfair and should return to the company – besides receiving compensation.
A worker in Cantabria, Spain, entered 411 times on social networks. Twitter, Tiktok, Snapchat, Instagram, Pinterest, Facebook or LinkedIn. It was all.
This happened during practically a month, between August 31 and September 29, 2023… during working hours.
The company failed the employee. Early in October of this year, began a disciplinary process that ended with the dismissal with just cause – An employment contract on the use of computer tools and telecommunications was evoked during working hours.
“He dedicated the workday in full or partially to navigation on social networks,” said the company, which recalled “express prohibition of using the internet at the workplace for strictly personal purposesincluding access to social networks. ”It was, according to the company, an act of “Serious indiscipline e disobedience At work ”, besides“ endangering the company’s computer security ”.
On the day of this decision, it started… a low. The worker in question was low and, a few days later, warned the company that he did not use personal email to work related to work. He then received a box in the mail.
But did not agree. Impugged the dismissal, asked the annulment of the decision and still required a compensation of 10,000 euros for “violation of fundamental rights”, quotes the. And accused the company of lie In his justifications, besides, he claimed, he had not had time to prove his perspective.
O Tribunal Cantabria’s Superior of Justice gave the company reason. It considers that the behavior of the visa was a very serious failure, abuse of trust and that had an impact on its job performance.
The jury overthrew all the allegations of the worker and confirmed that the dismissal was justified: “The facts alleged in the letter of dismissal are true, without the right to compensation or procedural salaries.”
But the worker can still appeal, this time to the Supreme Court.
