The text examines how conduct outside of work hours can impact discipline, consequences, and even cost a job if it disrupts the harmony among colleagues. Recent court rulings reinforce the idea that post-incident behavior can justify dismissal, even when offenses occur away from the workplace.
A notable ruling issued on 22 June by a high court in Castilla-La Mancha addressed a sworn security guard employed to protect a farm in Villarrubia de los Ojos, Ciudad Real. The employee appealed a dismissal following an incident involving a purchase of alcohol that led to a conflict with a coworker, with accusations of loyalty to a colleague surfacing in the process.
The presiding judge, Ethel Honrubia, emphasized that the decisive issue is not whether the events happened during working hours but whether the conduct harmed workplace relationships. The decision stresses the importance of coexistence among workers and the company’s public image, believed to be affected by the incident. It notes that the events occurred after a meal, suggesting the incident may have taken place during a break or outside working hours.
The ruling confirms the Ciudad Real Social Court No. 2 in the first instance, which rejected the worker’s wrongful dismissal claim and upheld the company’s decision to terminate for disciplinary reasons. The labor law basis cited was verbal or physical offenses to teammates and alcohol-related behavior that negatively impacted the job performance.
The episodes leading to the dismissal occurred in December 2021 when the employee left work to eat and went to a bar with a colleague. An argument ensued after some drinks, during which the employee reportedly insulted a coworker and then hit him, causing the latter to fall and injure his ankle.
The worker’s defense contended that the incidents were not serious and occurred after a meal, hence outside the workplace and hours. They argued that alcohol was a trigger and that the menacing posture affected both individuals and the company culture, a point raised in the appeal.
Nevertheless the court considered the gravity of the events and concluded that when an assault occurred against a coworker on the same premises, after a meal and in the presence of a third party, the conduct affected the business relationship. It extended beyond the individuals involved and touched the company’s own image, which is essential when others are hired to perform duties within the organization.
The court explained that behavior connected to the business relationship, and in breach of the rules of coexistence, can directly or indirectly harm the company. Therefore, the dismissal was deemed proportionate to the misconduct, according to the decision accessed by EL PERIÓDICO DE ESPAÑA from the Prensa Ibérica group.
christmas dinner
This line of reasoning is not unique. In May 2022, the Supreme Court issued a ruling on a similar case of dismissal following an incident at a Christmas dinner where a worker punched their partner. The court deemed the act a breach of contractual good faith that harmed the company, yet it recognized that some conduct may be connected to business activities. The ruling reaffirmed that the Labor Code provisions still guide such decisions.
There are precedents for misconduct occurring outside working hours, dating back to 2017. Cases include the possession of company products in another store of the same company, using a company vehicle after hours without clear instructions, or scenarios suggesting unfair competition. These examples illustrate how off-site behavior can be weighed against the duty to maintain a safe, respectful, and professional workplace.