He Superior Court of Justice of Asturias He has confirmed the origin of the disciplinary dismissal of a worker. The resolution dismisses the appeal presented by the employee, who had been fired after a series of behaviors that the company described as hostiles, intimidating and abusive towards their co -workers. The worker, who had been in the company for more than a decade and whose employment relationship was regulated by the collective agreement of the chemical industry, He was also the wife of the workplace manager.
The woman began working for Gxo Logistic Spain SLU on June 8, 2011 as specialist boyby virtue of the collective agreement of the chemical industry, receiving a daily salary of 113.55 euros gross. The work center where she provided services was located in the Polígono de Cancienes, ship 0, and was directed by her husband, who exercised manager functions. Five people also worked in that center, including the plaintiff, all in the same professional category.
during the last months of their employment relationship, a climate of tension was developed between the worker and her classmates. On April 11, 2023, the company opened a contradictory file against the employeewho formulated his allegations six days later. On April 26 he informed the company that he was being a victim of harassment by his teammates. However, the next day, on April 27, the letter of Disciplinary dismissalin which multiple behaviors that the company considered serious were related.
Among the facts accredited by the Court, reiterated insults were included to their companions – to whom he described as “lazy”, “disgusting” and “officials” -, impositions on the temperature of the center against the opinion of the rest of the staff, Lights off in active work areasmanipulation of physical barriers in the parking lot to hinder the access of the distributor and use of fans under conditions that bothered the rest of the equipment. These actions, added to the lack of intervention of the manager before the complaints of the rest of the workers, resulted in a serious deterioration of the work environment.
The instance judgment concluded that the worker’s conduct fit in article 65.10 of the General Collective Agreement of the Chemical Industry, which typifies as a very serious offense Malary of word or work, the abuse of authority or the serious lack of respect and consideration towards colleagues, superiors or subordinates. Therefore, the court declared the origin of the dismissal, without the right to compensation or to processing wages.
Against that resolution, the worker interposed appeal for supplication before the Superior Court of Justice of Asturias, a resource that was subsequently challenged by the co -defendant companies.
This court He has considered proven that the employee prevailed from her link with the head of the center To impose their authority on the other workers, in addition, to interfere in their work by turning off the lights during loading and unloading operations, or displacing physical barriers to hinder access to the parking lot. Although the workers communicated these facts to the manager, he replied that he would not intervene for being “part” in the conflict.
The Court has rejected the reasons for the appeal filed by the plaintiff, including the prescription of sanctioned behaviors and the alleged lack of proportionality in the sanction imposed. Considers that These are new issues that were not raised in the instance procedureso they cannot be introduced for the first time in the phase of supplication. It also estimates that the seriousness of the facts justifies the disciplinary dismissal, given that the behavior of the worker, continued over time, generated an unsustainable work environment.
Consequently, the Social Chamber of the TSJ of Asturias has confirmed in all its terms the sentence issued by the Social Court No. 1 of Aviles in April 2024. The resolution rejects that the dismissal was zero or that there is a violation of fundamental rights, and denies the right of the worker to receive compensation or processing wages.
