The Madrid Superior Court validated the dismissal of a Mercado employee after being caught trying to take two products without paying. The case was considered serious and, even without a prior hearing, the court understood that the dismissal was legitimate, since the worker himself admitted the facts.
The situation dates back to February 9, 2023, when the store coordinator asked employees to voluntarily show the talons and the products they carried at the end of the shift. The measure aimed to reinforce internal security and prevent improper behaviors.
Employee demonstrated nervousness in the approach
According to, on this occasion, one of the employees demonstrated nervousness when approached, trying to avoid inspection. When asked, he was carrying store articles in his backpack, he eventually showed it, revealing the content: an adidas colony and a Dove brand hands cream.
Faced with his colleagues and the store official, the worker confirmed that he had not paid the products and was aware that such an action was prohibited. The company considered the attitude as a very serious offense and advanced with the dismissal with just cause a few days later.
Employee had more than 10 years of home
According to sentence 9691/2024, the worker had the position of manager A and was at the service of the supermarket chain since June 2012. The letter of dismissal expressly referred to the breach of confidence and the violation of the company’s internal rules.
Attempted challenge by the worker
In the contestation, the worker claimed that the dismissal was null and void by alleged violation of his fundamental rights. Alternatively, it requested that it was considered unfounded due to lack of contradictory proceedings or prior hearing.
First Instance rejected arguments
The JUZGADO DE LO SOCIAL No. 48 of Madrid rejected the request and considered the dismissal valid. The judge stressed that, although the worker did not leave the store with the products, the fact that they have them without paying was sufficient to substantiate the company’s decision.
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Magazine was considered legal and justified
In the court’s understanding, the control carried out by the coordinator was legitimate. It was made before other employees and based on suspicious behavior, thus respecting the legal limits provided for magazines in the labor context.
Appeal to the Superior Court of Justice
The case went to the Madrid Superior Court, after the worker’s appeal. He alleged the illegality of the magazine for occurring outside work hours and without the presence of legal representatives of Mercado workers.
The higher court rejected these arguments, explaining that the inspection took place within the company’s space, a few minutes after the end of the shift, and was witnessed by colleagues, which safeguard the legality of the procedure.
Prior hearing was not mandatory
Regarding the absence of prior hearing, the court was clear in stating that such requirement does not apply to all cases. He noted that Article 7 of Convention 158 of the ILO does not oblige the hearing when the worker does not have a statute of union representative and when the collective contract does not provide him.
As the employee himself admitted the facts before witnesses, the judges concluded that there was no practical advantage in allowing him to submit allegations. “It was fired based on facts that it recognized on time,” the court explained.
Judgment did not attribute compensation
The decision, issued in July 2024, confirmed the legality of dismissal for disciplinary reasons, not entitled to any compensation. It was only the worker left to appeal to the Supreme Court.
Consequences of improper behaviors
This episode underlines the importance of internal rules on large surfaces and shows that minor acts can have serious consequences in the work bond. Mercado, in this case, had the support of justice in its action.
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