Category: Case law / legal theory
Unfair competition by a worker that has left the company may be claimed in a Labor Court
A judgment by the Supreme Court has stated that acts that may result in unfair competition performed by an employee after leaving the company may be judged in a Labor Court as a remote cause of the employment contract. The protection of confidential information leads to many companies signing non-compete clauses with their workers that […]
Can I be dismissed for being absent from work due to the weather?
The intensity of a meteorological phenomenon, the risk to the employee and the possibility of proving it are key factors in justifying absence from work. Either by snow and ice or torrential rain, different regions are often severely punished by meteorological phenomena that prevent many workers from attending work (or arriving on time). In this […]
Job offers: discrimination comes at a cost
Job offers by companies must avoid all possible discrimination. This not only helps to safeguard equal treatment in the organization, but also avoids possible fines. Even now in 2020, we often find job offers that do not guarantee a minimum principle of equal treatment and which are therefore discriminatory according to labor legislation: “Job vacancy […]
Teleworking: the importance of a good agreement
To avoid possible legal problems relating to working remotely or teleworking, it is essential for an agreement to be reached between the company and worker that suitably regulates this form of working. The fact that teleworking is here to stay is a reality that has been highlighted by the current health crisis and imminent entry […]
Can a company punish a worker using images from another employee’s mobile phone as evidence?
The Spanish Data Protection Agency (AEPD) concluded in a decision that punishing one employee on the basis of images captured with a mobile phone of another employee breaches data protection legislation. Companies must be extremely careful about how they obtain proof to take action against employees on disciplinary grounds. In its decision, the AEPD addressed […]
The assumed prohibition of dismissal on grounds related to COVID-19
Recently, there have been several contradictory court judgments in relation to the classification of the grounds for dismissal related to COVID-19. The issue to be resolved is whether the unjustified nature of a dismissal related to COVID-19 leads to the consideration of unlawful dismissal and can even be considered as null and void. The dispute […]