In a ruling of February 21, 2022, the Superior Court of Justice of Madrid has declared inadmissible the dismissal of a worker, alleged by the company for which he worked, due to his alleged failure to respond to an urgent email during his vacation and disobedience to an order. The court emphasized that the employee was not obliged to respond to correspondence during his vacation, as he was protected by his right to digital disconnection.

According to the facts, the worker, who held the position of technical assistance service technician, received an email while he was on vacation. This occurred because he had requested such a period because his son was hospitalized. The email included an attachment with proof of payment for the technical inspection of his van, and later, he received another email asking if he had taken the van to the ITV.

On his first day of work after the holidays, the company sent him an email reminding him to bring the van in for inspection, which he did a few days later.

The company proceeded to carry out a disciplinary dismissal against the worker.

The court concluded that the emails received could not be considered company orders, the non-compliance of which would justify dismissal. Specifically, email sent during the worker's vacation did not imply an obligation to respond, since it was protected by the right to digital disconnection.

Failed: The appeal filed by the company was dismissed.