Post by nijhumnishita033 on Jan 11, 2024 8:54:46 GMT
The company decided to hire a detective to investigate and document this circumstance. As a result of the above, the private detective confirmed that on October 26, 27, 29, 30 and November 5, 2018, the worker carried out delivery tasks with the van of the bakery run by her brother in Benicasim, took photos of the products from the counter and threw away the trash. Disciplinary dismissal When the company became aware of this scenario, it decided to dismiss the worker since the activity carried out during the leave showed her ability to carry out the tasks and duties of her professional activity in a completely normal manner.
In the opinion of the company, given the lack of interest in returning to Barcelona, the worker's conduct constituted a breach of contractual rights and an abuse of trust in the performance of the job which, due Phone Number Data to its severity, was punished with dismissal . disciplinary . Already in court, both the Social Court No. 7 of Barcelona and the Social Chamber of the Superior Court of Justice of Catalonia rejected the claims made by the worker and confirmed the admissibility of the dismissal. Supreme Court: there is no contradiction Not satisfied with this, the worker's representation filed an appeal for the unification of doctrine against the ruling of the aforementioned Social Chamber.
Thus, for the purposes of proving the contradiction, the recurrent contrast citation is the STSJ of Catalonia 6850/2009, of September 29 . In this case, the worker, who provided services for Mercadona, caused several sick leave due to presenting reactive anxiety-depressive symptoms. However, during this period of sick leave, the leading company in the food distribution sector in Spain confirmed that the employee went, on up to four occasions, to the bar run by his romantic partner and a partner , to perform customer service tasks. , making cocktails, serving drinks to clients, charging them, washing and drying glassware, among other activities, staying there an average of seven hours a day.