The High Court of Justice of Madrid (TSJM) determines in a sentence that calling your superior ‘idiot’ only once does not justify a disciplinary dismissal, since it does not have “the seriousness and guilt component” necessary to proceed with the dismissal.
This is stated in a sentence, to which Europa Press had access, in which the judges dismiss the appeal filed by Ahumados NordFish against the sentence issued by the Social Court number 31 of Madrid dated September 20, 2023, confirming the contested resolution.
The procedure originates from a complaint filed against the worker of the aforementioned company, a factory assistant with a monthly salary of 1,344 euros. In May 2023, the company notified him of a dismissal letter for verbal offenses.
Days before, a meeting took place between the company and the workers to provide certain information by the quality department, waiting for the entire workforce to arrive. At around 3:00 p.m., the plaintiff stated that he was leaving because his workday was over.
At that moment, the administrator warned him that if he left, he could be penalized for disobedience, considering that he had already enjoyed a 15-minute break, to which the worker replied: “let’s see if you dare, idiot”, and he left at that moment slamming the door.
The Court asserts that it must be demonstrated that it is “a serious and guilty breach, as dismissal, being the most serious sanction in Labor Law, requires a restrictive interpretation, thus, other sanctions different from dismissal may be imposed if necessary.”
Assessing the context
In response to the reproach made by the company, the judges point out that the context in which the events occurred must be assessed, as well as the concurrent objective and subjective circumstances, highlighting that “when the worker was asked to be present at the company’s premises, his workday had already ended and he was in a hurry for personal reasons.”
It adds that “although the actor’s response and the manner in which he addressed the administrator were harsh, unfriendly, and offensive, they do not have the severity and guilt component necessary to justify his dismissal, leading to the dismissal of the appeal and the confirmation of the appealed sentence that did not violate the alleged regulations and jurisprudence.”
