It happened to a paint store worker in Spain. Company was unable to prove the accusations it presented.
A paint store worker in Spain managed to win, in court, two dismissals applied by the same company in a space eight months. And you will still receive a compensation exceeding 16 thousand eurosplus interim salaries.
The second dismissal has now been declared null by the Superior Court of Justice of Asturias, which concluded that the company did not prove the accusations which she used to justify the termination of the contract and which violated the employee’s so-called compensation guarantee, that is, protection against reprisals for having resorted to legal means to defend her rights.
According to , the worker had worked since September 2023 as a saleswoman, also accumulating administrative tasks.
The first dismissal occurred on April 12, 2024 and was based, by the company, on an alleged voluntary and continued decrease in work performance.
However, the Social Court No. 6 of Oviedo declared this dismissal null and void, in September 2024, understanding that there was no non-compliance by the employee and that the conflict was linked to the company’s attempt to change schedules or working hours, a change to which the employee opposed. After this decision, she was reinstated on September 25, 2024.
Shortly after returning, the employee was transferred temporarily to the Gijón store.
On October 24, when checking her email, she found a message from the sales manager who held her responsible for the disappearance of drums and cans of paint in establishments in Gijón and Meres.
That same day, he entered sick leave due to a common illness, with a diagnosis of anxiety widespread.
Six days later, he also presented a complaint to the Labor Inspection because he considered that he was being subjected to behavior that was detrimental to his professional dignity.
The company then proceeded with a disciplinary process and, on December 19, 2024, communicated a second dismissal, accusing himself appropriating company assets and insulting those responsibleincluding the manager.
But the courts concluded that there was no evidence.
The Superior Court of Justice of Asturias highlighted that the inventory was not even presented which would serve as the basis for the alleged lack of material, so that the disappearance of the objects, much less their authorship, has not been proven.
Also the alleged insults were considered without evidentiary support enough.
Given this situation, the court confirmed the nullity of the second dismissalordered the worker’s reinstatement, payment of missing wages and compensation of R$ 11,249.50 for violation of fundamental rights.
This amount is added to the 5 thousand euros already allocated in the first process, rising to more than 16 thousand euros the total compensation borne by the company.
