Category: Dismissals
Spain: Alternatives for companies against voluntary and unjustified absenteeism by a worker
Some courts are admitting notifications of worker termination in which the worker is informed of his/her voluntary termination due to absenteeism and, at the same time and by default, of disciplinary dismissal in the event the first option is not possible. At times, companies face unjustified absenteeism of employees from work that may be grounds […]
Spain – Beware: improper behavior at the company Christmas dinner can constitute grounds for dismissal
A judgment handed down by the Spanish Supreme Court has made it clear that a worker, when away from their place of work and outside working hours, is not totally free to act in a manner detrimental to the employer or their colleagues. The restrictions imposed during the pandemic have at last been lifted, and […]
Dismissal null and void due to a cold?
The new Spanish comprehensive law for equal treatment and non-discrimination raises questions about whether the cases in which a dismissal can be declared null and void may be broadened. Until July 2022, terminating an employment contract, through a dismissal, of an employee on sick leave, only entailed a risk of nullity in cases where it […]
Private investigators and video surveillance: a new variation giving greater leeway to the practice of monitoring workers on CCTV
The courts are allowing a growing amount of leeway for using closed circuit television (CCTV) cameras to monitor suspicious conduct of workers without informing the employees in advance. There have been an extensive number of cases already, yet even more variations on the issue continue to arise; for example, what happens if the cameras are […]
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 […]