Category: Dismissals
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 […]
Withdrawal of driving license could place job at risk
Where a valid driving license is needed for workers to perform the duties attached to their jobs the question to be asked is what happens if a worker’s driving license is withdrawn as a result of a traffic offense. In those cases, can the company interrupt or terminate the employment relationship? The Supreme Court shed […]
Social Networks bring Big Brother into the world of labor relations
The number of collective bargaining agreements which regulate aspects of the use of social networks is on the increase. Companies can lay down rules on their proper use and regulate certain forms of conduct, insofar as these could prove detrimental to the image, reputation or functioning of the business. It was back in 1949 that […]
The Supreme Court clarifies the requirements to prevent a dismissal for supervening unfitness from being declared void
According to a judgment of the Spanish Supreme Court, in order to prevent a dismissal for supervening unfitness (ineptitud sobrevenida) from being declared void, an employer must prove that reasonable accommodation has been provided, and such accommodation must not constitute a disproportionate burden for the employer. It is possible to question whether the termination of […]
A dismissed worker can change his mind during a conciliation hearing concerning a prior agreement with the company
Let’s start with some background. A company dismisses a worker on disciplinary grounds, notifying him by means of a letter that does not explain the grounds but rather only refers to a “continued and voluntary reduction in performance.” At the same time, both parties reach a financial agreement and undertake that the company will recognize […]