Asturias Supreme Court of Justice (TSJA) sentenced an ophthalmology clinic in Oviedo to readmit a worker by declaring his dismissal inadmissible for delays in punctuality at work within a five-month period.
The Social Chamber of the TSJA therefore dismissed the appeal. Appeal filed by the clinic against the decision of the Social Court No. 6 Oviedo, who felt the layoff was “disproportionate” in the face of an “extreme” job backlash.
The Asturian high court dismissed the clinic’s appeal. the company initially tolerated the lack of punctuality andHe delivered the letter of dismissal with a response he described as “excessive, disproportionate and unreasonable”, “without prior warning, demand, communication and much less sanctions for carelessness”.
In September 2021, the company Disciplinary penalty for alleged punctuality fault up to 176 In the period from March 3 to August 8, 2021.
in detail, IThe clinic recorded delays of up to 6 minutes and 26 seconds on arrival in the morning and 8 minutes and one second in the evening.
In this context, the details of the decision The Claimant has worked at the clinic as an optician between 09:00-13:30 and 15:30-19:30 since 2012. and he put on his uniform to start work, then he signed the time log and he signed when he was leaving, and then he dressed for the street.
sentence says The dismissal was an “unexpected and disconnected” reaction from a “tolerant and at least passive” attitude makes the dismissal “an extreme, disproportionate and unreasonable reaction”, which he has sustained so far.
The worker denounced his dismissal before the Social Court. The dismissal was unfair and ordered the clinic to reinstate him.
The clinic has filed an appeal with the TSJA because of the pandemic. stressed the workers on punctuality, and the plaintiff knew this.