A rigid rule does not always result in a fair decision. This was what was proved in the recent case of a Mercado Spanish jail employee, fired for eating a croquette that, according to the company, was not authorized for consumption. The Castilla-La Mancha Superior Court considered the disproportionate sanction and ordered the company to pay a high compensation.
An unusual case in a toledo store
The episode took place at a market store in Toledo, according to the website . After the establishment was closed, the workers were organizing the space, namely the ready-made section. One of the employees took a pack of a package placed in a cart for the trash and ate it.
A few days later, the Mercado Lodge coordinator questioned the employee about what had happened. He spontaneously admitted that he had consumed croquette without paying it, recognizing that he knew the internal rule that prohibits product consumption, even if they are about to be discarded.
Exemplary history did not avoid dismissal
Despite having more than 16 years of service without any disciplinary occurrence, Mercado decided to advance with the employee’s dismissal for just cause on the day. The company claimed that the worker would have eaten a whole packaging of croquettes, with 4.20 euros, and considered his conduct as abuse of trust and violation of contractual good faith.
The infraction was classified as “very serious” under Article 54.2D of the Workers Statute, which allows the termination of a contract based on the breach of confidence. The termination was accompanied by the payment of 944.38 euros, corresponding to the final hit.
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The Court’s Answer
Castilla-La Mancha’s Superior Court of Justice had a different view, says the same source. In the sentence, the magistrates considered that the measure was disproportionate, taking into account the nature of the act and the value of the product involved. The decision reiterated the position already assumed by the lower court.
According to the judges, it was not theft or bad faith. The croquette in question had already been removed for disposal and therefore had no commercial value. In addition, there was no effective damage to the company.
Croquette does not justify the most severe measure
The Court stressed that the Mercado Collective Convention itself mentions the “improper appropriation of products” in the plural, which does not apply to the consumption of a single croquette, according to the same source. For this reason, the infraction was not considered sufficient to justify a dismissal with just cause. The act was described as “exceptional, punctual and sporadic,” and judges concluded that, although it is a serious infraction, it does not reach the gravity necessary for such severe punishment as dismissal.
Compensation of 40 thousand euros
With the decision to dismiss the dismissal, the court gave the Mercado two options: reintegrate the worker or pay him compensation of 40,000 euros. According to sources from the newspaper El País, the company has decided not to resort or negotiate and will choose to pay the certain amount.
More than a simple work conflict, the case rekindles the debate on the limits of discipline in companies, especially when it comes to less serious acts. A single croqueta, after all, ended up cost much more than its modest sales value.
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