Madrid (EFE).- The Superior Court of Justice of Murcia (TSJM) has endorsed as unfair the dismissal of a worker whom the company accused of neglect and reluctance.
In a ruling dated March 28 to which Efe has had access, the TSJM understands that the dismissal is unfair and condemns the company to pay the corresponding severance pay, although it reduces its amount from 9,700 to 4,500 euros.
The facts date back to June 2022, when the company, in which the worker had been providing services since 2017 as an agricultural laborer, gave him a letter of reprimand that he refused to sign, due to his “repeated attitude of neglect and reluctance towards the work”, and because their performance is well below the rest of their peers.
Without meeting minimum company parameters
Far from giving up his attitude, 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 do”, resulting in his work performance up to 40% below that of their peers.
His attitude, the company maintained, projected a bad image and seriously harmed the company, with delays in the service of orders, slowing down 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 judgment, the Court does not address whether or not the dismissal was unfair, but merely establishes what compensation corresponds to him given his seniority and the salary he received.