A Lidl worker was fired after he was captured on video surveillance cameras carrying products from the warehouse to his car, hidden under a piece of work clothing. The case occurred in 2022 and has now returned to the present day after the Superior Court of Justice of the Canary Islands considered that the dismissal was legitimate.
The episode, which began in a German prison warehouse, turned into a detailed disciplinary process and ended up going to higher court. According to the Spanish website Noticias Trabajo, security images and testimonies from colleagues were decisive in the outcome.
The facts date back to the summer of 2022. The worker, hired in February 2018 as a logistics shift manager, took advantage of breaks in the working day to remove trays of meat, yogurts, shampoo and other products. According to the same publication, the goods were previously separated into less visible areas of the warehouse and then transported outside, where they were placed in the trunk of the car.
The images were decisive
The company proceeded with the disciplinary dismissal on August 22, 2022, alleging breach of trust and serious breach of contractual good faith. The cameras, duly marked, captured various movements over different days. The statements made by some workers reinforced the understanding that there was a standard of action.
The worker denied the facts and filed a lawsuit in court, arguing that the dismissal should be declared null or, at least, unfounded. He also requested compensation of 3,000 euros for moral damages, alleging violation of fundamental rights and possible retaliation resulting from previous conflicts.
First instance rejected the request
The Juzgado de lo Social no. 1 of Santa Cruz de Tenerife rejected the worker’s version and ruled in Lidl’s favor. The sentence considered it demonstrated that the products were hidden in an EPI jacket and transported covertly abroad.
Photographs, videos and testimonies were sufficient, according to , for the court to conclude that there was deliberate intent, understanding that the exact economic value was not decisive in the face of the breach of trust.
Superior court confirms decision
Unsatisfied, the worker appealed to the Superior Court of Justice of the Canary Islands, which confirmed the decision. The court concluded that there was no violation of rights, that the video surveillance system was flagged and that there was a legitimate suspicion that justified the analysis of the images.
He also reinforced that trust in the work context is essential, especially in functions linked to merchandise management; therefore, he maintained the dismissal as in accordance with the law, excluding any compensation or wages from processing.
The importance of the principle of trust
The case once again highlights a recurring point in labor law: it is not the value of the assets that determines the severity, but the breach of the relationship of trust. This is why the courts consider dismissals to be legitimate even in situations of small material value, when the worker’s duties involve direct responsibility for goods or equipment.
And in Portugal?
In Portugal, similar situations can lead to dismissal with just cause, as long as the employer complies with strict rules. The Labor Code prohibits the use of video surveillance to control performance, but allows it for the safety of people and property, with prior information and appropriate signage; After GDPR/Law 58/2019, prior authorization from the CNPD is no longer necessary (the other requirements remaining the same).
Sound capture is, as a rule, prohibited. When images are lawfully collected for security and show a serious breach of good faith/trust, the courts allow their use as evidence and can confirm the dismissal.
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