The Supreme Court has issued a ruling condemning a company to compensate one of its employees for non-material damage as a result of a null dismissal.

The worker held the position of sales manager at the defendant travel agency. In 2018, a disciplinary file was opened against him alleging a continued and voluntary decrease in his normal work performance. Shortly afterward, the company proceeded to the disciplinary dismissal of the worker, alleging the same reasons for which he was sanctioned.

The magistrates have considered, for compensation purposes, that the conduct of the company It must be classified as very serious according to the Law of Infractions and Sanctions of the Social Order (LISOS).

This is because the range of quantification of sanctions in the Lisos for the same type of offense (minor, serious, very serious) turns out to be excessively wide. Keep in mind that, at this time, the penalty for committing a very serious offense in labor matters can be set between 7,501 euros and 225,018 euros, according to article 40 LISOS; and, at the time of the events, the range of said sanctions was between 6,251 euros and 187,515 euros.

The high court has specified what elements must be taken into account when calculating said compensation: aspects such as “the age of the worker, the temporary persistence of the violation of the fundamental right, the consequences that are caused in the personal situation of the worker or an attitude tending to prevent the defense and protection of the transgressed right must be taken into account in order to quantify the compensation,” says the ruling, which creates a legal basis for a very problematic issue in the workplace.

This ruling may establish jurisprudence and offers the possibility of higher compensation in the event of an illegal dismissal.

Failed: The Supreme Court upholds the claims of the worker condemning the company to go through your decision.