The disappearance of a mobile phone in a mediamarkt store in Murcia, Spain, gave rise to a lawsuit that opposed a cleaning company to an employee of its dismissal. The case, marked by images of video surveillance, contradictory anonymous letters and accusations of abuse of trust, eventually exposed weaknesses in the proof presented in court and raise doubts about the limits of labor responsibility.
The worker in question had been cleaning functions since 2015, with a part -time contract, earning a monthly salary of 768.54 euros. In April 2022, a client returned a Samsung mobile phone that disappeared the next day.
The security cameras showed the employee to manipulate the box where the device was stored, but when it was delivered to the guardian was already empty, according to the digital newspaper Spanish noticias work.
Subject to magazine on the way out
At the end of the shift, the worker was subject to Bag Magazine, passed the metal detector and accepted the inspection of her suitcase, and no object was found in her possession. A few days later, the store received a letter accompanied by the missing mobile phone and an activity bracelet, signed by someone who claimed to be familiar to the employee.
The same sender then sent another letter, this time mechanographed, to deny the initial version and to point responsibilities to a former store worker.
Faced with these contradictions, the cleaning company has dismissed alleging breach of confidence and fraud. The employee did not accept the decision and appealed to the court, asking that the dismissal was declared null and void or, as an alternative, unfounded, in accordance with the same source.
Court decision
According to the previously mentioned source, the JUZGADO of Social Murcia No. 9 considered the dismissal unfounded, understanding that there were no sufficient evidence or evidence to hold the employee responsible for the disappearance of the mobile phone.
The sentence also rejected the allegation of violation of fundamental rights, stressing that control measures, such as the magazine, metal detector and suitcase inspection, were provided and accepted voluntarily by the worker.
With this decision, according to the company, the company was ordered to pay compensation, as well as 490.81 euros in salaries of April 2022 and vacation not taken, restoring part of the rights claimed by the employee.
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