Category: Dismissals
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 […]
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 […]