Category: Dismissals
Does unfair competition constitute grounds for disciplinary dismissal?
The employer may opt for disciplinary dismissal in cases in which the employee commits unfair competition. To do so, as stated by the Supreme Court in its judgment of December 21, 2021 (Rec. 1090/2019), it is essential to accredit that the company proceeded with dismissal as soon as it became aware of the employee’s conduct. […]
Workers with COVID-19: is the termination of a contract during the trial period null and void?
One of the main features of a trial period is that, while it lasts, both parties can terminate the employment contract without having to allege any grounds whatsoever. However, the termination of a contract during the trial period when the worker has or may have COVID-19 is giving rise to very different judgments. A common […]
The breach of anti-COVID-19 policies may be grounds for disciplinary dismissal
A judgment by the High Court of Justice of Aragón has declared the disciplinary dismissal of a worker that continuously refused to comply with the company’s anti-COVID-19 measures as justified. Due to the health crisis resulting from COVID-19, since the month of March 2020 numerous regulations have entered into force to either prevent or limit […]
Severance for dismissal: What is the salary used to calculate it?
One of the most common practical and often controversial issues faced by both those in charge of company personnel and workers themselves is the calculation of severance for dismissal. Whereas the legal modules are perfectly defined by legislation (currently 33 days’ salary per year of service for unfair dismissal, 20 days for dismissal on objective […]
The Constitutional Court diminishes the value of agreements reached in collective dismissals
Up to recently, whether an agreement was reached with the employees’ representatives in a collective dismissal procedure was important. Reaching that agreement meant a (very) significant legal effect: the case law considered that the reasons justifying the collective dismissal had to be presumed to exist and, as a consequence of the above, the employees […]
New ground for a dismissal to be held null and void: discrimination by association
Can a dismissal be discriminatory based on gender and, therefore, null and void, even though the employee that has been dismissed does not form part of a legally protected group? The conclusion reached by the Labor Chamber of the High Court of Justice of Galicia, in its judgment of March 4, 2021, was that […]