A recent decision from the Superior Court of Justice of the Balear Islands considered the dismissal of a collaborator of L’Oréal Spain, after appropriating a make -up palette of a competitor. The court understood that the punishment applied was excessive taking into account the circumstances of the case.
Surveillance Chambers recorded the moment at El Corte Inglés shopping center
The incident occurred at El Corte Inglés Shopping Center in Palma de Mallorca, where the employee, with almost two decades of service, performed functions as a beauty consultant for the Lancôme brand. The situation was captured by the video surveillance chambers on site.
Product was taken from another stand, used and then hidden
According to the images, the images show the collaborator to collect two nasty make -up palettes, located in a stand near their job. After using the products to make up, returned one of the palettes and hid the other, with an estimated value of 49 euros, in a bag stored in a drawer.
Employee left the scene without presenting the article to the security guards
Later, he abandoned the space without presenting the item on the way out, as expected in an environment subject to tight safety rules. The case was reported by the Nars brand itself to the security team of the shopping center.
L’Oréal opened disciplinary proceedings and opted for dismissal for just cause
Faced with the complaint, L’Oréal decided to open a disciplinary proceedings against the worker, who admitted the succeeded, although he sought to minimize the impact of his action. The company considered it to be an act of disloyalty and breach of confidence, opting for dismissal with just cause.
Collaborator claimed that it was a Tester with no commercial value
However, the employee defended herself claiming that there was no intention of theft, since the product was not removed from the premises and was a test of common use, with no direct commercial value. He added that the article in question did not belong to L’Oréal, but to a distinct brand.
Justice understood that the punishment was too severe
The argument of the collaborator was not enough to wage the decision of the company, which classified the behavior as a very serious infraction. Nevertheless, the Court would consider that the sanction applied was not in line with the seriousness of the act.
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Years of service and absence of antecedents weighed on the decision
In the judges’ assessment, the employee had 19 years of service without inadequate behavior records. The reduced value of the item and the absence of disciplinary antecedents were equally considered.
Sentence proposes reintegration or compensation of over 50 thousand euros
The sentence determined that the worker should be reinstated at her job, with the payment of salaries she would have earned during the removal period. Alternatively, the company could choose to pay compensation of 50,635.13 euros.
Decision underlines importance of proportionality in sanctions
The Court also highlighted the importance of evaluating the context and proportionality in disciplinary decisions, especially in cases where there are no evidence of bad faith or significant damage.
Company may also appeal the decision with the Supreme
Although the sentence is favorable to the employee, the process is not yet closed. There is a possibility of appeal by the company, and the case may go to the Federal Supreme Court.
If you raise debate on disciplinary measures in large companies
This episode raises questions about the rigidity of disciplinary measures in large companies and the way small gestures can trigger legal and work consequences.
Defense considers decision a victory for wisdom and justice
The defense of the collaborator considered the court decision a victory of common sense and a call for attention to the need for balance between justice and labor discipline.
Employee awaits final outcome hoping to return to work
For now, the employee awaits the next legal developments, maintaining the hope of being able to return to her work with dignity and recognition of her long career.
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