A Superior Court of Justice has affirmed the sentence of dismissal. A laborer who made 150 calls to himself in 6 months…,
Dedicated to computer support and for which he had worked since May 2019, the company fired him in the middle of the pandemic with a letter alleging “fraud, breach of trust and breach of trust”. Make over 190 calls to your own phone number during business hours,
During that time “you weren’t operating, so you couldn’t serve customers, because you were ‘calling yourself'” So that its status appears as busy in the company’s application and thus calls do not enter it of our customers”, the letter of disciplinary dismissal denounced.
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It, sent on October 30, 2020—the employee had been teleworking since March of that year due to the COVID-19 crisis—specifically included calling 151 to his own telephone number, With 22 hours40 minutes and 8 seconds in the period between March 2020 and September 2020.
“This attitude is not a one-time incident, but has been consistently repeated month after month and with varying duration intervals of calls that have led to fraud, breach of trust and breach of trust In the assigned tasks”, emphasizes the company.
In July 2021, the Social Court No. – and, on October 26, 2022, the Social Chamber of the Superior Court of Justice (TSJ) of the Canary Islands also rejected the appeal and confirmed the admissibility of the dismissal.
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The sentence confirms what the previous court had decided and indicates “Continued Deceptive Conduct” that would have caused material damage to the company and their interests like his peersBecause the workload was more on them.
“We are dealing with deceptive and continuing conduct, and not an isolated act, which constitutes a breach of trust of the company, as it directly affects the fact in which the actor rendered his professional class of services, adversely affecting without putting that it also affected the other worker, then the plaintiff is the last in line to handle incoming calls,” he says.
a) yes, dismissal penalty is “proportionate to the gravity of the facts and appropriate Committed”, concludes TSJ.
fuel: synchrogo, economist and jurist