Category: Dismissals
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 […]
From Jägermeister to justified dismissal: controversial conduct by workers on sick leave
Although certain sources claim that the famous German liquor Jägermeister was used during the Second World War by soldiers as an anesthetic and disinfectant, we are still unaware (at least officially) of its properties in dealing with anxiety and depression and its consumption by workers on sick leave could be questioned. We begin with […]
Can an algorithm decide a dismissal?
More and more companies are deciding to use artificial intelligence systems to manage their resources, which raises a number of legal questions and the need for regulation, due to the practical problems that may arise in the use of this technology. However, would the dismissal of a worker be valid if it is based on […]