The Supreme Court endorses dismissals for offenses against colleagues outside the workplace

• Spain The Supreme Court rules that private security companies cannot require criminal records from their workers

The

has upheld the dismissal of a worker who insulted and assaulted his colleagues at the end of a

outside the working hours and place, considering that his conduct is "nested in the employment relationship" and results in

company

.

The

the high court has issued a ruling for the unification of doctrine in which it establishes that this type of action

between co-workers and directly attacks their dignity, "having repercussions on the company itself ".

The

have analyzed the case of a worker who was fired after uttering

against his colleagues at the end of a Christmas meal paid for by the

on December 21, 2018 in Madrid.

At the end of the celebration, according to the

, the worker insulted his colleagues with terms such as

or "shitty Moor", without "mediating any provocation on his part".

assault attempt

He also tried to physically

with a bottle, and even slapped one of them with his wallet.

As a result of this action and after the owner of the bar called the manager of the company, the attacked signed a written

.

The worker, who had already been

twice, was fired in January 2019.

A dismissal that he brought before the

: first without success before a Social Court of Madrid, although later the Superior Court of Justice of Madrid agreed with him and considered that the dismissal had been unfair, forcing the company

of compensation or to readmit him with the payment of the wages that he stopped receiving.

The company appealed this sentence before the

, which has revoked it by estimating the dismissal of the worker according to law.

According to the

, "the serious offenses committed", including "expressions of hatred", "irremediably" conditioned the

between the company's workers and "also a deterioration in the image of the

, causing its disrepute in the eyes of third parties. "

"

"The

, which reached a discriminatory bias due to race, and the offenses at work, have transcended private relationships, attacking the

and having repercussions on the company itself," indicates the Supreme Court.

Therefore, he concludes, the place where they occurred or that the origin was "a disagreement over the slot machine cannot in this case weaken the

and its qualification as appropriate."

Conforms to The Trust Project criteria

Know more

• Justice

• supreme court