The argument took place early in the morning, the employee left saying “I’m leaving” and hours later he was at the health center receiving a sick leave due to anxiety and depression. The company treated the episode as a voluntary dismissal and terminated the contract. But the Andalusian Superior Court of Justice (TSJA) disagreed with this reading and the dismissed worker was entitled to compensation.
According to Noticias Trabajo, a Spanish website specializing in legal and labor matters, the judges considered that there was no valid resignation and declared the dismissal unfounded, condemning the employer to choose between readmission or the payment of 45,814.19 euros in compensation.
According to the same publication, the worker, who earned €1,166.70 a month, had been with the company since 1980, first under the direction of the current employer’s father and, later, under his successor. The court recognized contractual continuity, including business succession and subrogation.
The phrase in the discussion was not enough to justify a dismissal
The facts date back to September 2022, when a discussion between worker and employer ended with the expression “I’m leaving”. The employee left the place, changed his clothes and went to the family doctor. The loss indicated anxiety and depression associated with repeated conflicts at work, with insults from the hierarchical superior, according to the description in the process.
The company interpreted the phrase as an unequivocal resignation and registered the departure as “voluntary dismissal”. It did not communicate the decision in writing, as required by Spanish law (art. 55 of the Workers’ Statute), which weighed on the judicial assessment.
Court of first instance ruled in favor of the company
At an initial stage, the Juzgado de lo Social n.º 3 of Córdoba understood that the sentence constituted a valid dismissal under art. 49.1.d of the ET and considered the worker’s action to have expired.
Superior Court revokes and considers dismissal unfounded
The TSJA rejected the voluntary dismissal thesis. For judges, an expression said in the heat of a discussion does not prove a clear, reflected and definitive intention to terminate the contract; Furthermore, the immediate search for medical assistance reinforced that the worker did not intend to terminate the employment relationship.
Regarding expiry, the Superior Court pointed out that the period of 20 working days (art. 59.3 ET) only begins when there is true communication of termination, which did not occur, as there was no letter of dismissal; the worker found out through an SMS from Social Security. Result: the action was considered timely and the dismissal was considered unfounded.
Compensation or reinstatement: company obliged to decide
The final decision orders the company to choose between reinstating the worker or paying him €45,814.19. In local circles, it is also mentioned that the court set processing salaries at €44.75/day and calculated seniority since 31‑10‑1980. The sentence may be appealed for cassation to unify the doctrine in the Supreme Court.
And in Portugal? What would a similar case be like?
In Portugal, the worker’s desire to terminate the contract must be *clear and in writing. *Reportation (without just cause) requires written communication (art. 400 of the Labor Code) and resolution with just cause, indicating the facts (art. 395). A dismissal without a letter/procedure is generally illegal (arts. 381/382) and may lead to reinstatement or, alternatively, compensation of between 15 and 45 days of basic remuneration and seniority benefits for each year of service (arts. 389 and 391).
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