Mercadona
Spanish court annulled the dismissal because it considers that what the worker did is not enough to be fired.
A Mercadona decided disqualify an employee when he called “Clown” to yours boss. But the case went to the Spanish court and a court annulled this decision and even attributed compensation to the worker.
The employee, who was even a manager in a store in the Basque Country, was accused by the company of insulting its coordinator, in front of customers and other employees. These “Clown, you are a clown”demonstrating anger and disrespect, according to the company.
The Mercado thought that the employee violated the collective contract and the workers’ state; and damaged the company’s image. And said goodbye.
But the worker thought the decision was unfair. Asked for annulment of the decision because, he considered, fhi a punctual incident that was not serious enough To be fired.
It adds that, according to the manager, there were evidence of retaliation of the board due to “Family connection” – Namely the wife, that also works in the market, asked for change at the time when it was a mother; But the request was rejected and the employee was farewell (This case also went to the court).
The employee took his case to the courts. And the tribunal from Bilbau agreed with him: a Mercado did not present sufficient evidence the severity of the facts and there is sufficient evidence that point out that this dismissal is really related to the family situation of the worker and with the judicial dispute initiated by his wife.
A Mercadona recorreu. He explained to the Basque Superior Court of Justice that the dismissal was the right decision, assured there is no discrimination and that only insults are already enough for this decision.
But this Second Court also did not give the company reason: He announced that it was not clear, nor that the manager’s insults went directly to the coordinator, nor that there were more people to hear. There is not enough evidence.
The Basque Superior Court of Justice also mentioned the evidence of discrimination for family reasons – this dismissal occurred shortly after the end of its paternity license (besides the dispute with the wife).
A Mercado even annulled the dismissal. The company has to reintegrate the worker, pay salaries that stayed behind and still pay a compensation of 10,000 euros for “moral damages arising from the violation of fundamental rights”.
