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Omar Al Razini – Barcelona Office
A Spanish court ruled to compensate a worker with an amount of about 104,000 euros, after he filed a lawsuit against his employer for arbitrary dismissal, despite the registration of three violations attributed to him within the workplace.
The operator had dismissed the worker after he considered that his behavior constituted serious violations represented in physically assaulting one of his colleagues, bringing a dog to the company’s headquarters, and then seizing him with cigarettes containing narcotic substances.
During the trial sessions, the worker explained that his assault on his colleague came within the framework of legitimate self-defense, stressing that his colleague was drunk at the moment of the incident, which can be proven through the police report. As for the entry of the dog to the workplace, he confirmed that it was a casual incident that did not recur, and did not result in any damage or disruption to the workflow. As for drug cigarettes, he stressed that they belonged to him personally, he did not consume them inside the workplace and the employer had nothing to do with them.
After examining the file and the submissions made, the court considered that the expulsion decision was not sufficiently justified, to be classified as an arbitrary expulsion, which obliged the operator to pay a significant financial compensation to the worker.
This ruling confirms the importance of respecting legal procedures before taking the decision to dismiss employees, and at the same time it constitutes a clear message to employers that legal experts should be consulted before taking such steps.
