Justice in Barcelona, Spain, ruled again on a 2018 accusation. A court declared the dismissal of a female baker unreasonable.
About the worker in a bakery they said that “she urinated in containers intended for products for human consumption,” published 20 Minutos.
Magistrates at the Supreme Court of Catalonia (TSJC) rejected evidence presented by the company to explain why they left her without a job.
It was not the only decision: “They also ordered the company to rehire her or compensate her with 25,000 euros (about $26,500),” 20 Minutos reported on Thursday, October 26. The Spanish press indicated that it had access to the verdict.
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What accusation was there against the baker?
Exactly five years ago, in October 2018, according to the above-mentioned media, the woman received a bureaux in which she was informed of her fired immediately from the bakery.
They summarize the reasons as follows: “The bakery explained that They saw her squatting three times, urinating in a bowl, dump the contents down the sink, lightly soak the bowl in water, and place it with the rest of the clean utensils used in production tasks for customer consumption.
✖ They declare inadmissible the dismissal of a baker who urinated in the containers where the bread was made https://t.co/FAlarwTZXm
— ABC.es (@abc_es) October 27, 2023
Justice
The accusation of what happened in a café at Sants station, La Vanguardia describes, was heard in court.
Firstly, a court of first instance had already declared the dismissal unfair, but the company did not sit back and ‘appealed the decision to the TSJC’.
In that Supreme Court they rejected the video outright.
20 Minutes published: “The Court could not accept the video as valid as it violated the employee’s right to privacy as the installation of that camera was never communicated to the employees.”
“Starbucks fired me for being three minutes late.”
The camera was located in the bakery’s workshop (craft workshop), which was also used by the workers to change clothes, the media said.
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The staff was not informed, “nor was any permission requested” to install the camera, La Vanguardia reported. The workers – noted 20 Minutos – knew that cameras had been installed around the property.
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In this way, Justice is supporting the worker for the second time.
But they indicated that on ABC the ruling of the Social Chamber of the TSJC“which was developed on the legality of recording in an unauthorized space and not on the causes of the dismissal or the content of the alleged images, can still be appealed to the Supreme Court”.
When the bakery made the accusation in 2018, it did so because it believed that what they see in the videos is “a very serious violation” by exceeding “the good faith and abuse of trust” of the company, an aspect that is included in the Workers’ Statute.
On Friday, October 27, 2023, La Vanguardia reported that the baker had been reinstated to the position she held in 2018.
Enric Prats, the employee’s lawyer, responded that “this fact has never been proven, at least in a legal, permissible way, and they therefore declared the dismissal unreasonable.”
(JO)
Source: Eluniverso
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