He had been in office for 16 long years.
On July 8, 2023, a supermarket employee Mercadona in Albacete (Spain) seized a package which had to be thrown in the trash after closing. Inside, croquettes made the same day and worth 4.20 euros, but which did not find a buyer. Except for this employee who “saved” one of the kibbles from waste before throwing the others away.
The problem is that Mercadona's rules are clear: any food consumed by an employee must be paid for in advance. Even if the food in question should be thrown away.
16 years of good and loyal service
As a result, the following Monday, the employee was laid off and then fired. “for serious misconduct”. He thus received severance pay in the amount of 944.38 euros. End of a story of 16 years of good and loyal service? Certainly not. The matter continued in court. And after losing at first instance, the Spanish retail giant lost again on October 15 before the Superior Court of Justice of Castile-La Mancha.
Before the croquettes were thrown into the trash, the employee grabbed one and ate it. He was fired for “fraud, disloyalty or abuse of trust” and “theft, theft or embezzlement” from the company. For the judge it is inadmissible. The employee will earn 40,000 euros https://t.co/HhSkD0hZEL
— EL PAÍS (@el_pais) https://twitter.com/el_pais/status/1858470655135531020?ref_src=twsrc%5Etfw
According to Spanish justice, this reason cannot be considered a serious reason which can go “up to the worst sanction in the world of work”. Mercadona should have received a warning and a fine, especially since the employee in question had an impeccable service record, according to information from El País. And some colleagues also admitted to having eaten food destined for the trash without paying.
Mercadona was thus convicted of unfair dismissal. The supermarket chain had the choice of reinstating its employee, or paying him 40,000 euros in compensation. Mercadona chose the second option.
