Andorra la VellaA shopping center sent a letter of dismissal to an employee in the butcher section which was justified by the alleged theft of meat by the employee. The text indicated that “we are forced to inform him of the Dismissal for disciplinary reasons, the cause of which originates from the theft of meat products from the butchery section where he works. This cause is classified as a very serious offense and, therefore, with consequential cause of dismissal”. And he added that “you are dismissed from the day of receipt of this letter, the employment relationship being resolved from that moment, without the need for notice or obligation to satisfy any financial compensation”.
The woman filed a lawsuit against the company for improper and unjustified disciplinary dismissal. He asked that the company be ordered to pay him the total amount of 3,183 gross euros in terms of compensation and the corresponding contribution to the CASS. The battle, but gave the right to the society and refused the compensation.
Appeal to Superior
The woman appealed to the Superior Court against the decision understanding that she was defenseless. It indicated that the farewell letter does not mention the dates on which the alleged thefts would have occurred, nor does it provide an explanation of the events or the allegedly stolen meat products. And the judgment in first instance agrees with this approach, but, even so, it validated the dismissal.
The Superior leaves no doubt as to the company’s motivation since the woman was caught ‘in fraganti’ on the same day of the dismissal. Not only was the woman taking products without paying or at a lower price, but they had an organized system with another employee. Thefts were a constant.
The sentence, however, gives the right to the woman who will have to be compensated. The reason is that when his fellow thief was fired, he filed a similar lawsuit. And he won it because a batle considered that “the employer has not specified the specific typification of the very serious offense and that such letter did not respect the formal requirements required by the Law”. This formal defect means that the woman, like her partner, must be compensated.