The Social Chamber of the Superior Court of Justice of La Rioja has determined that “Sending your boss to hell” is not grounds for dismissal. and has declared inadmissible what a worker suffered in September 2023 for that reason.
According to the newspaper Riojawhich has had access to the ruling in the case, the events occurred at the facilities of a company in the La Portalada industrial estate. The employee in question was doing welding work when one of the company owners walked past him and picked up a piece to check it.
The worker then became angry and snapped: “What are you doing looking at my pieces? Fuck off“. The businessman discussed the incident with another of the owners and he went to talk to the employee, who confirmed that, indeed, he had “told him to go to hell.”
That same day The company informed him of his dismissal for a very serious offense. and the worker went to the hospital “due to an anxiety crisis” about what had happened. The employee then reported the facts to the Social Court, which ruled in favor of the company. However, the plaintiff went to the TSJ of La Rioja and it agreed with him.
The Social Chamber concludes that, despite the fact that “he used the unfortunate, rude and vulgar expression” and that this represents “absolutely inappropriate and reprehensible” conduct, these words “lack sufficient gravity to deserve the greatest sanctions provided for in our legal system”.
This way, The judge in the case declares the dismissal inadmissible and condemns the company to reinstate the worker by paying him the wages he has not received since September 20 or to pay him compensation of 14,836 euros.