In Spain, work courts have analyzed several cases of abusive discharge, involving large retail chains such as Carrefour. A court in Galicia found the dismissal of a Carrefour worker who had been accused of disobeying the company rules as he offered his birthday cakes, paid only a few hours later. According to the Digital News Journal, the decision forced the retailer to readmit the employee or to pay him more than 105,000 euros of compensation.
The case involved an employee over 30 years old, who held the position of commercial guardian. In October 2023, on his birthday, he decided to offer pastry products to his colleagues. The cakes were consumed before opening to the public, but only later did the worker regularize the full payment.
The reason for the dismissal
At the time, Chain Carrefour justified the disciplinary dismissal with the alleged “transgression of good contractual faith” and abuse of trust, stressing that the employment contract expressly prohibited the consumption of products within the store without prior payment.
According to the above source, the chain considered that the fact that the cakes were placed in work zones without the invoice having been liquidated in full constituted a serious infraction. Still, the employee paid part of the purchase immediately and, days later, settled the remaining 58.59 euros, explaining that an error had occurred in the initial record.
A custom tolerated in the past
During the trial, it was proven that it was not unusual on festive occasions employees and even the company itself organize small convivials inside the store. In previous years, the same worker had already done something similar without that it originated sanctions.
In addition, witnesses confirmed that in the pastry industry, it was usual practice to deliver the products and pay later, especially when there were orders for several people.
Case in the Courts
The worker contested the dismissal and the JUZGADO of Social. According to the same source, Carrefour was then sentenced to readmit it or pay him 105,716.09 euros of compensation.
The company has appealed to the Galicia Superior Court, alleging violation of the Workers Statute and the state collective agreement of great Almacenes. Argued that there was disobedience to the internal orders and breach of the confidence necessary in the work relationship.
Final decision
The Superior Court rejected Carrefour’s arguments, according to the digital newspaper. He considered that there was no intention of fraud, but only an administrative error and a man lapse, promptly corrected. He also stressed that there was no damage to the company, as the cakes were consumed before the public opening.
Regarding the alleged disobedience, the judges concluded that it was not a serious or unjustified attitude, remembering that similar behaviors had previously been tolerated by the company.
Confirmed compensation
With this decision, the initial sentence was confirmed: the dismissal was considered unfounded. Carrefour was forced to readmit the worker or compensate him with more than 105,000 euros.
The supermarket chain could still appeal to the Spanish Supreme Court, but the Galician instance decision made it clear that the company was unable to prove the gravity necessary to justify such an extreme measure.
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