The Superior Court of Justice of Murcia (TSJM) has ruled as unfair the dismissal of a worker whom the company accused of neglect and reluctance during his working day. After the sentence that took place on March 28, the TSJM has described it as unfair and condemns the company to pay severance pay, although it reduces the amount from 9,700 to 4,500 euros.
The worker had been presenting services for said company since 2017, but it was not until June 2022 when the company decided to fire him and communicated it through a warning letter that he refused to sign, due to his “repeated attitude of neglect and reluctance towards and to work”. The company justified it by stating that his performance was well below the rest of his colleagues.
For its part, the company emphasizes that the worker continued “with his attitude of neglect and indiscipline on a daily basis and without even coming close to meeting the minimum parameters set by the company and that if the rest of his colleagues comply,” his performance came to be work up to 40% below that of their peers.
With a reduction in sentence
On the company side, he stresses that the attitude of the worker projected a bad image and seriously harmed the company, with delays in the service of orders, slowing down of work for colleagues and deterioration of the product for not preparing it on time.
The worker appealed his dismissal before the court of first instance No. 1 of Cartagena, which declared it inadmissible and ordered the company to reinstate him or compensate him with 9,700 euros, an amount that was appealed by the company before the TSJ of Murcia. In its ruling, the Court did not address whether or not the dismissal was unfair, but limited itself to setting what compensation corresponds to him given his seniority and the salary he received.