He Superior Court of Justice of Catalonia (TSJC) has declared inadmissible the dismissal from an employee of a cafeteria at Sants station, in Barcelona, for having urinated on kitchen utensils that he later used to serve clients. The resolution obliges the company to reinstate her and pay a compensation of 25,000 euros.
The ruling, to which EFE has had access, confirms a judgment that the social court number 14 of Barcelona issued three years ago. After the resolution, the defendant company, Neurocroissant Ibérica SA, filed a resource before the TSJC.
The magistrates highlight that the employers fired the worker in October 2018 after they discovered that she was urinating on containers kitchen viewing the security cameras. Afterwards, he soaked the jars with water and used them to deposit Utensils which in the end served the customers.
The café It had cameras in the customer service area, but not in the workshop. Those responsible for the establishment decided to place them around the premises, having suspicions that used to be missing money at one of the points of sale. When reviewing the new cameras, they learned that the worker was urinating in containers in the workshop area, out of sight of the workers. customers.
The company reported that the worker had incurred a serious misconduct and had broken the principle of good faith, abusing trust by urinating on kitchen utensils. However, the court considers that the evidence provided by the employers does not have validity because the cameras were placed violating the workers’ right to privacy.
Wardrobe in the workshop
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Specifically, the magistrates They argue that the employees that cameras had been placed in the workshop area. They argue that, as it was an area where workers changed clothes before and after their shift, that space should have been free of video surveillance.
The ruling forces Neurocroissant to rehire the worker farewell and to compensate her with the payment of the wages stopped receiving from the date of dismissal until their reinstatement, or an amount of 25,340 euros. The ruling of the TSJC is not yet final, since it is possible resource before the Supreme Court.