Pizzaria dismissed for eating competition pizza in front of customers: court had no doubt

by Andrea
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Pizzaria dismissed for eating competition pizza in front of customers: court had no doubt

An unusual case recently arrived at the courts in Spain and quickly gained media prominence. It all started on a well-known Pizzaria de Vigo, where an employee was accused of falsifying entry and exit records, but what was most surprised was the attitude of asking for a competition pizza and eating it against customers.

According to the Spanish newspaper AS, the situation led the company to advance with the dismissal of the worker, who, in turn, decided to contest the decision in court. The dispute reached the Galicia Superior Court of Justice (TSJG), which eventually validated the position of the restaurant.

Adulterated journey records

The employee had worked in the pizzeria since 2022. However, the following year the first irregularities began to emerge. On a certain day it arrived 40 minutes late, but registered the entrance as if it had fulfilled the normal time.

Shortly thereafter, he re -manipulated the records. Upon feeling unwell, he abandoned the place at 2 pm, but pointed out in the system that had left at 16h00, as if the full journey had finished.

The Competitive Pizza Episode

Despite these episodes, the most striking moment happened when, during the service, the worker complained of hunger. The official offered him a piece of pizza from the house, but he refused. Alternatively, he decided to order a pizza from another pizzeria and, without any reserve, ate it at the counter, against customers.

For the employer, the gesture represented a clear disrespect for the company and its products, something that could seriously harm the image of the restaurant.

The Legal Battle

After the dismissal, which occurred in September 2023, the worker filed a lawsuit, claiming that he had never been the subject of previous sanctions. He also argued that the severity of the facts did not justify the termination of the contract.

The JUZGADO DE LO SOCIAL No. 6 of Vigo rejected the request and gave reason to the restaurant. Disagreeing, the employee appealed to the TSJG, hoping to reverse the decision.

Court confirms dismissal

The Superior Court of Galicia confirmed the initial verdict, declaring the dismissal as well founded. For the judges, the three episodes described were sufficient to characterize a violation of good contractual faith.

In the ruling, the court stressed that “if the worker ate competition pizzas against customers could give the impression that pizzeria offered a worst quality product, damaging its image.”

THE IMPORTANCE OF GOOD FAITH

The case reveals how confidence and loyalty are central elements in the work relationship. Small gestures that may affect a company’s credibility are seen by law as a serious transgression.

In this scenario, the court decision reinforces the idea that, in addition to attendance and punctuality, respect for the image of the employer is a duty of workers.

Consequences for the Future

Although the decision is clear, the employee’s defense still admitted the possibility of trying other legal roads, according to the same source. However, labor law experts recall that, in the face of the facts, the margin of maneuver will be reduced.

The episode warns companies and workers about the importance of faithful records and compliance with basic workplace living standards.

More than a disciplinary issue

In falsifying the schedules and, above all, when resorting to competition in full service, the worker eventually broke the relationship of trust. This break is precisely one of the grounds that the law provides to justify a disciplinary dismissal, according to.

Ultimately, this case shows how certain behaviors can be interpreted by the courts as having “intentional will to harm the company”, an expression used in the sentence itself.

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