The relationship between companies and workers does not always take place without tensions, especially in large retail chains where team management and compliance with legal procedures are fundamental. Recently, a case involving Mercado and a store manager arrived in the Spanish courts and ended up with a decision that could be alerted to the sector.
The Andalusian Superior Court (TSJA) condemned Mercado to pay compensation of 77,205.60 euros to a fired employee. At issue was the lack of clarity of the dismissal letter, which did not specify dates, witnesses or concrete details, which made it difficult to defend the worker.
The complaints that were source of the case
According to the Portuguese magazine specializing in Economics and Business Executive Digest, the process involved a shift manager of a Mercado Supermarket in Malaga, identified as “B Manager”. In June 2023, the company received two anonymous complaints through the “L900” internal channel, which accused the offensive language employee, arbitrary alteration of schedules and assignment of tasks impossible to perform.
Complaints included comments considered disrespectful, such as the answer given to a collaborator who asked the gynecologist to go off: “Why do you have to go if you have a” dry itching ‘? ” Expressions such as “whatever it gets out of me” and “whatever my p… say, we do, we do here” were also reported. Given these accusations, Mercado considered that behavior violated the company’s collective agreement and advanced with disciplinary dismissal, according to the same source.
The defense of the worker
The manager did not accept the decision of the Mercado and appealed to Malaga Social Court No. 7. He claimed that the letter of resignation was too vague, without concrete facts, which made his defense unfeasible. The Court gave him reason, concluding that the Mercado did not fulfill the legal requirements for a valid disciplinary dismissal.
The case eventually went to the Andalusian Superior Court of Justice after the company’s appeal. The TSJA confirmed the initial decision, noting that the anonymous complaints were not accompanied by solid evidence and that the worker had no opportunity to defend himself properly.
Decision considered exemplary
The Court classified the dismissal as hasty and disproportionate, forcing the company to compensate the worker. The decision reinforces the importance of transparency in disciplinary proceedings and the need to guarantee the worker the right of defense. Despite the conviction, the Mercado may still appeal to the Spanish Supreme Court, which will have the last word about the case.
Repercussions in the sector
This episode raises questions about the use of anonymous complaints as the basis for disciplinary proceedings. Although they are a useful tool for identifying irregular situations, they always require concrete evidence and safeguarding the accused workers’ rights, the source mentioned above states.
While one of the largest employers in the retail sector, Mercado has been standing out for its betting on the quality of its products, innovation in management and the creation of jobs in Portugal and Spain. However, this case shows that even large companies may face complex challenges in managing their teams, according to.
More about Mercado
Few know that Mercado started as a small family business in Valencia in the 70s, linked to the sale of bulk food products. The name was inspired by the Italian “Mercatone”, which means “Great Market”. Today, it is one of the largest supermarket chains of the Iberian Peninsula, but maintains as a founding principle proximity to customers.
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