Employee justified what he did: he claimed that the company had owed him money for months. But the dismissal is justified.
The worker in question had been an employee of a company since 2019. He had a company card for allowances: paid his own meal expenses during working hours.
In the contract, in the terms of use of the card, it was written: it is prohibited to use it during holidays, leaves or suspensions of the contract. I could not use the card during sick leave.
But that’s what the worker did. More specifically, a sick leave due to a hand injury sustained at work. This in June 2023.
He was far from the company but, even so, he activated the card (he had to do some “feint” because the IT department had blocked the card) and spent 53.51 euros. Over six uses, all in that month, June.
In July, it was dismissed.
Dismissal for just cause, due to disobedience and breach of good faith in the employment contract, summarizes the .
The employee did not accept. Presented resource in the Superior Court of Justice of Catalonia: claimed null and void dismissal for discrimination based on illnessand that the sanction was disproportionate.
This is because, according to the official, the company owed him money from previous months in which the card was not working (727.16 euros). Furthermore, he said he did not know that it was prohibited to use the card during a sick leave.
But the Tribunal Superior of Justice of Catalonia rejected the worker version. The court declared that the use of company resources during sick leave constituted a breach of good faith and a breach of trust, thus confirming that the disciplinary dismissal was fair.
Especially because, in this case (and contrary to what the employee complained), the real reason for dismissal was not illness; was the fraudulent use of company resources during sick leave.
The value is not in question53 euros; what is at stake breach of loyalty and trust.
Furthermore, the embezzlement or fraudulent use of company resources is a serious infraction justifying dismissal.
The judge did not forget the 727.16 euros that the company owed him – but warned that the worker cannot “collect the debt on their own” through misuse of the card.
Fired and without compensation.
