Category: Dismissals
Recording workers with hidden cameras does not necessarily violate the right to privacy
The recent ruling by the Grand Chamber of the European Court of Human Rights (ECHR) in the López Ribalda case opens a new episode in the use of video surveillance as a means of monitoring by employers and concludes that there is no violation of the rights to privacy of workers who were not informed […]
Can the dismissal of a woman become discriminatory on gender grounds?
For a dismissal not to be discriminatory, it suffices to show that there is a ground for dismissal that is entirely free from any type of discrimination. However, the burden of proof falls on the employer and the dismissal can be deemed null and void if this circumstance cannot be evidenced, even if the worker […]
The Supreme Court clarifies the criteria applicable when calculating time-periods in relation to objective dismissals on the grounds of absenteeism
Following a series of contradictory rulings, a recent judgment has clarified that the percentage of absences justifying the dismissal must necessarily be reached in a four-month period. Consequently, if said percentage is reached in a shorter period, the dismissal is unjustified. An employer may dismiss an employee due to absences from work, even where such […]
The time has come to pay (or not to pay) the annual bonus
Once the financial year has ended, many companies make an analysis of their results for the purposes of paying their workers an annual bonus during the early part of the following year, in line with the terms set out in the company’s remunerations policy. However, the complicated nature of employment relationships means that, in certain […]
The courts uphold the dismissal, due to absence, of an employee on leave who avoided being notified of a vacancy enabling him to return to work
An employee on leave was notified on two occasions of a vacancy enabling him to return to work, as he himself had requested, and the employer, upon receiving no reply, dismissed him on grounds of serious and culpable breach, based on his unjustified absence from work. A judgment of the High Court of the Principality […]
In the event of insolvency, Fogasa must also bear the severance pay for workers who terminate their employment relationship due to a transfer
A recent judgment of the CJEU extends the liability of the Wage Guarantee Fund to the severance pay for termination of a contract arising from a transfer. In a judgment of June 28, 2018 (case C-57/2017), the Court of Justice of the European Union (CJEU) has held that the severance pay provided in Article 40 […]