A Mercadona manager was fired for recording a meeting with hierarchical superiors without authorization, and ended up using the recording in a lawsuit against his ex-partner, also an employee at the prison. The case reached the Superior Court of Justice of Aragon, which considered the dismissal unfounded, forcing the company to reinstate him or pay him 95,785.74 euros in compensation.
According to the Spanish portal Noticias Trabajo, the story begins in 2012, when the worker was hired as a manager, earning around 245 euros gross per day. For years, he maintained a relationship with a colleague from the same company, with whom he had a daughter. After the separation, he started a new relationship with another employee, which would trigger an unexpected conflict.
The ex-partner, who continued to work in another supermarket in the chain, began frequenting the place where the manager’s new partner worked. The atmosphere became tense, with accusations and discomfort between the parties.
A meeting that changed everything
In December 2023, the manager decided to request a meeting with human resources managers and store coordinators, trying to resolve the situation. The objective was to discuss the discomfort that the presence of his ex-partner caused to his new girlfriend, also a Mercadona employee.
During this meeting, the man recorded the entire conversation without informing those present. Months later, he used this recording in an ongoing criminal case against his ex-partner, for alleged threats and coercion.
In the audio, the ex’s superior admitted that she “tried to go” to the store where her new partner worked, an element that the manager presented in court as evidence.
Dismissal for disloyalty and abuse of trust
When Mercadona became aware of the recording, it considered that the behavior constituted a lack of loyalty, abuse of trust and misuse of company resources. In April 2024, he was informed of his disciplinary dismissal with immediate effect.
The worker appealed to the labor court, arguing that the dismissal was unfair and that the company had only learned about the recording because his ex-partner had obtained it illegally, without judicial authorization. However, the court of first instance ruled in favor of the company and considered the dismissal to be valid.
However, the Mercadona manager did not give up and filed a new appeal, this time to the Superior Court of Justice of Aragon, arguing that the recording was lawful, as it had been made by one of the participants in the conversation.
Court finds worker in favor
The court analyzed the case in light of the jurisprudence of the Spanish Constitutional Court, which distinguishes recordings made by third parties from those made by those who participate in the conversation. The conclusion was clear: anyone who records a conversation in which they participate does not violate the right to privacy or the secrecy of communications.
Even so, the judges recognized that the worker’s attitude was unfair and contrary to internal rules, but considered that it did not justify the maximum sanction of dismissal.
The decision was based on the so-called gradualist theory, which dictates that the sanction must be proportional to the severity of the facts and the worker’s disciplinary history.
A “proportionality” decision
Among the mitigating factors, the court highlighted the seniority of the manager, the absence of previous sanctions, and the fact that his conduct was related to a personal conflict, and not an attempt to harm the company.
The judges also highlighted that the situation between the manager and the two employees was affecting the work environment, which is why Mercadona was also interested in resolving the problem. In this context, the meeting and recording emerged as an attempt, albeit reckless, to protect the new partner and gather evidence in the judicial process.
Mercadona forced to choose: reinstatement or compensation
In conclusion, the Superior Court of Justice of Aragon declared the dismissal unfounded and determined that the worker be reinstated under the same conditions or, alternatively, that he be paid compensation of 95,785.74 euros, in accordance with the .
The sentence reinforces that, although the behavior was incorrect, it did not constitute a serious and irreversible breach of trust. The company can still appeal to the Supreme Court, but until then, the decision remains in force.
The case gained visibility due to the way it mixes personal and professional life, a topic increasingly present in modern labor disputes.
Similar situations have also reached the Portuguese courts. National labor law allows the use of recordings made by one of the participants in a conversation, as long as they are not obtained illegally, but dismissal is only considered valid if it is proportionate and duly justified.
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