A disciplinary dismissal applied to an intermediate manager at El Corte Inglés ended up being fought in court, raising doubts about the extent to which internal irregularities can justify a maximum sanction when there is no direct proof of individual responsibility. The case involves business practices, internal audits and the delicate border between operational error and just cause for dismissal.
El Corte Inglés saw the disciplinary dismissal of one of its intermediate managers considered unfounded by the Superior Court of Justice of Aragón, which confirmed a previous decision in favor of the worker.
At issue was the application of discounts considered excessive and alleged inventory manipulations at the company’s electronics outlet. However, the court concluded that the chain of department stores was unable to prove that the worker was directly responsible for the irregularities detected, nor that they were serious enough to justify a disciplinary dismissal, according to Spanish digital newspaper Noticias Trabajo.
36 years at home and a salary of almost 5,000 euros gross
The worker had been working for the company since 1988 and, at the time of his dismissal, earned an annual salary of 59,644.72 euros, corresponding to approximately 4,849 euros gross per month. Among his duties was supervision of the electronics outlet, created specifically to dispose of obsolete products, those with defects or those coming from other centers in Aragon and Navarra.
The dismissal was communicated on March 15, 2024, based on alleged breach of contractual good faith, fraud and abuse of trust. According to the company and an internal audit report, the person responsible would have authorized discounts between 70% and 90%, exceeding the maximum permitted limit of 50%.
He was also accused of simulating sales using other workers’ personal cards, making it appear that the merchandise was sent to the outlet when, in practice, it remained in the center of origin. The company also pointed out failures in controlling discounts exposed to the public and an alleged retention of products for later sale at lower prices to employees, according to the same source.
Worker took case to court
Faced with dismissal, the worker took legal action. The Juzgado de lo Social nº 3 of Zaragoza ruled in favor, declaring the dismissal unfounded and ordering the company to choose between reinstatement or the payment of compensation in the amount of 171,587.37 euros.
Unsatisfied, El Corte Inglés appealed the decision to the Superior Court of Justice of Aragon, alleging procedural errors and an incorrect assessment of the evidence produced in the first instance.
The high court rejected the appeal and upheld the sentence in full. Although labeling errors and the existence of sales with discounts above those allowed were identified, the judges understood that it was not demonstrated that such acts had been carried out by the worker in question, since sales and labeling were the responsibility of other outlet employees, says the source previously cited.
Fictitious merchandise transfers
Regarding so-called fictitious transfers of merchandise, that is, selling products intended for the outlet without physically moving them, the court considered that this was a usual practice, known and accepted by the company, designed to avoid unnecessary transport costs and without prejudice to the center.
Finally, the court emphasized that no fraudulent intention on the part of the worker had been proven. Taking into account that these practices were known to the purchasing center and other responsible parties, it was concluded that the conduct did not reach the level of seriousness required for disciplinary dismissal.
Thus, the Superior Court of Justice of Aragon confirmed the unfounded nature of the dismissal, maintaining the worker’s right to reinstatement or fixed compensation, in accordance with .
Overview of the situation in Portugal
In Portugal, similar situations are assessed in light of the Labor Code, which requires clear and unequivocal proof of just cause for disciplinary dismissal. As in this Spanish case, Portuguese courts have been consistent in requiring the employer to demonstrate not only the existence of irregularities, but also the direct responsibility of the worker and the sufficient gravity of the conduct.
In the absence of these elements, the dismissal also tends to be considered unlawful, with the right to reinstatement or compensation, reinforcing the protection of the employment relationship.
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