The Supreme Court endorses dismissals for offenses against colleagues outside the workplace

by time news

Updated

The magistrates have analyzed the case of a worker who was fired after insulting his colleagues at a Christmas meal

Facade of the headquarters of the Supreme Court in Madrid.ALBERTO DI LOLLI
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The supreme court has declared admissible the dismissal of a worker who insulted and attacked his colleagues at the end of a Christmas meal, outside the hours and place of work, considering that his conduct is “nested to the employment relationship” and results in a damage to the company.

The Social Room of the high court has issued a ruling for the unification of doctrine in which it establishes that this type of action transcend “private relationships” among co-workers and directly attack their dignity, “with repercussions on the company itself”.

Los magistrates have analyzed the case of a worker who was fired after uttering “serious offenses” against their peers at the end of a Christmas meal paid for by the company on December 21, 2018 in Madrid.

At the end of the celebration, according to the judgmentthe worker insults his co-workers with terms like “asshole”, “son of a bitch” or “shitty Moor”, without “mediating any provocation on his part”.

assault attempt

I also tried assault a partner physically with a bottle, and even slapped one of them with his wallet.

As a result of this action and after the owner of the bar called the manager of the company, the victims signed a letter of complain to your partner.

The worker, who had turned out sanctioned already on two occasions, he was fired in January 2019.

A dismissal brought before the Justice: first without success before a Social Court of Madrid, although later the Superior Court of Justice of Madrid agreed with him and considered that the dismissal had been unfair, forcing the company to to pay him 21,719.12 euros of indemnity or to reinstate him with the payment of the wages that he stopped receiving.

The company appealed this judgment before the supreme courtwhich has revoked it by estimating the dismissal of the worker according to law.

According to the magistrates“the serious offenses uttered”, including “expressions of hatred”, “irremediably” conditioned the labor Relations among the company’s workers and “also a deterioration in the image of the business entityprovoking its disrepute in front of third parties”

“Los insults pouredwhich reached a discriminatory bias for reasons of race, and the offenses of work, have transcended private relationships, attacking the dignity of one’s co-workers and having repercussions on the company itself”, indicates the Supreme Court.

Therefore, he concludes, the place where they occurred or that the origin was “a disagreement over the slot machine cannot in this case unnerve the disciplinary sancin of stripping and its qualification of proceeding”.

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