The Superior Court of Justice of the Valencian Community (Spain) considered the disciplinary dismissal of a Correos employee, with almost 40 years of service, justified for having hidden and retained three customer shipments without registering them in the internal traceability system. The court understood that the conduct caused an irreparable breach of trust, ruling out the idea that the sanction would be excessive, despite the worker having alleged mental health problems.
According to the Spanish portal Noticias Trabajo, and according to the information released about the case, the worker started her job on June 1, 1985, performed customer service in Valencia and earned around 2,126.28 euros gross per month (with overtime). Among its functions were the collection, custody and management of shipments, including their internal registration.
What happened at Valencia station
The events occurred on February 22, 2023, when afternoon shift colleagues found three items hidden in the bathroom shower area. The following day, the director of the unit asked for explanations, as the worker was identified as the only person who had accessed the facilities before him.
According to the same information, the worker acknowledged having the shipments in her possession and admitted that she had hidden them, saying that she could not explain the reason and that she was going through a difficult period.
Following these events, Correos proceeded with disciplinary dismissal on June 21, 2023, understanding that the conduct constituted a very serious infraction, due to concealment and retention of shipments and breach of the duties of good faith associated with the role.
What the Spanish courts decided
In the first instance, the Labor Court in Valencia considered the concealment proven and validated the dismissal, understanding that a clinical condition was not demonstrated, at the time of the events, that would nullify the worker’s capacity for self-determination.
In the employee’s appeal, and in accordance with the , the Superior Court of Justice once again ruled in favor of the company and reinforced that, in functions of custody and management of shipments, the concealment and retention of orders is incompatible with the required duty of trust. The court also highlighted that, in situations of breach of good faith and abuse of trust, the margin for “grading” the loss of trust is very small.
What if it were in Portugal?
In Portugal, a similar case would tend to be analyzed in the context of dismissal for a fact attributable to the worker, which requires just cause: culpable behavior that, due to its gravity and consequences, makes the continuation of the employment relationship immediately and practically impossible. The disciplinary process would have to respect legal guarantees (note of guilt, response and decision).
At a sectoral level, Portuguese law also requires that, when providing postal services, essential requirements such as the inviolability and secrecy of shipments be safeguarded. The concrete outcome would always depend on the evidence gathered: intention, impact on submissions, disciplinary history and medical evidence on the capacity for self-determination at the time of the events.
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