In Barcelona, an Aldi supermarket employee was farewell, accused of applying undue discounts on chicken breast trays and taking a coat without paying, and the case eventually reached the courts. The episode raised questions about whether the company had enough evidence to justify the termination of the contract.
According to the Spanish news site, news work, the Catalonia Superior Court of Justice concluded that the accusations presented by the company were not sufficiently demonstrated. This was the basis for a decision that would change the course of the process and oblige Aldi to choose between the worker or compensate for it financially.
The beginning of the conflict
The employee in question had worked at the company since 2009 and occupied the assistant roles the store responsible. In September 2020, it was accused of manually applying 30% discount labels to fresh meat products that were not close to the expiration date.
Among them were several filet chicken breast trays and a panned chicken unit. The jail also maintained that the worker would have taken a jacket of 11.99 euros without paying it after having separated it days earlier.
Aldi referred to the letter of dismissal to a disciplinary record in 2019, when the employee was suspended for seven days for similar reasons. The breach of confidence was presented as a central argument to justify the immediate termination of the contract.
The Verit in the First Instance
The process eventually reached the work judgment number 7 of Barcelona. The decision considered the dismissal unfounded. According to the same source, it was proved that the worker put discount labels on products on September 24, 2020, but there was no solid evidence that he had repeated the practice on other dates. Nor was it shown that he had taken his coat without paying it.
In the judgment, the court stressed that the company did not comply with the obligation to present direct and unmistakable evidence, as determined by Spanish labor legislation. He acknowledged that the behavior could be seen as an infringement, but it was not gravity enough to justify the loss of employment. The judge also took into account the employee’s seniority and the very low value concerned, only 2.67 euros in that episode.
The company’s appeal
Disagreeing, the chain appealed to the Catalonia Superior Court of Justice, arguing that the essential confidence had been lost to maintaining the work bond. The company also invoked the principle of contractual good faith and the abuse of trust.
The appeal was rejected and the first instance decision confirmed. The higher court stressed that it was not proved that the employee had manipulated discounts on other dates other than September 24, or that she had taken the store’s coat without paying it. The judgment acknowledges that there was an incorrect conduct, but considers that it did not reach the necessary severity to justify the maximum sanction in the labor regime.
According to, the derisory value involved and the more than ten years of the worker’s professional path allowed a lighter disciplinary penalty, but never the loss of employment.
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