what does man do outside work i can have discipline consequences and ultimately cost work if it affects the rules of coexistence among colleagues. This is what justice has said in recent judgments, which reinforces the doctrine of the origin of post-incident dismissals. attacks or offenses against others workers even though they happen outside of the work environment.
One of the last decisions on this issue is the decision made on 22 June. High Court of Justice of Castilla-La Mancha He said that a sworn guard working to protect a farm in Villarrubia de los Ojos (Ciudad Real) rejected his appeal and was fired after an incident in which his alcoholic beverage purchase resulted in a scandal. attack on another colleague he has previously identified sycophant.
The court’s decision Judge Ethel Honrubia, stresses that what matters in the case is not whether the events occurred during the working day, but that “the conduct has affected the business relationship”. Coexistence among workers and in the presence of third parties in the company of image“, according to Business Law Professor Social Security and Social Security at the University of Castellón Jaume I Francisco Trujillo. In this particular case, the expert emphasizes that the events occurred after the meal, suggesting that the event may have occurred after the meal. during the break or outside working hours.
The decision confirms the decision of the Ciudad Real Social Court No. 2 in the first instance court; this court dismissed the wrongful dismissal claim filed by the worker’s defense and acquitted the company that had decided to work without him for disciplinary reasons. Labor Act as the reason for termination of the contract “verbal or physical offenses to people working in the company and to drunkenness. negatively affect the job“.
The events leading up to the dismissal occurred in December 2021 when the worker left his job to eat and went to a bar with a colleague, had an argument with him after drinking a few alcoholic drinks, and called him an ‘ass licker’. and hit him “without giving any reason”, He fell to the ground and broke his ankle.
His defense argued that the incidents were not serious and that these incidents occurred even after eating at a bar, and therefore occurred outside of the workplace and hours; also “Apparently alcohol was the trigger He took the menacing stance of both this and the other,” he said in his appeal.
However, the court estimates the gravity of the events and concludes: “When an attack occurred against another guard on the same property, after eating and in the presence of a third party, it is clear that the behavior affected the business relationship, not only the relations between them, but also the company’s self-image”. , especially other people are available are hired to perform duties in the company.
All this suggests that “a behavior in connection with or in connection with the business relationship, who violates the applicable rules of cohabitation, directly or indirectly causes damage to the company, and therefore decides to dismiss the worker” not disproportionateAccording to the decision to which EL PERIÓDICO DE ESPAÑA from the Prensa Ibérica group has access.
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This is not the first decision in the same sense. In May 2022, the Supreme Court made a decision regarding the dismissal of another worker. He punched his partner at Christmas dinner“acts punishable by breach of contractual good faith” harm the companyhowever, if it leads to conduct that has some sort of relevance and connection to the business activity”. He added that the result in question is still a manifestation of the provisions of the Labor Code.
There are precedents for crimes committed outside of work since 2017.ownership of products in another supermarket of the same company The place where the worker provides service, vehicle use outside of company working hours (not following clear instructions) or where assumptions unfair competition.