Cantabria Justice declares valid the dismissal of a worker who kept sexual photographs of his boss's wife and a colleague on his computer

The Superior Court of Justice of Cantabria (TSJC) has declared valid the dismissal of a worker who was fired from his company after finding sexual photos of his boss's wife and a co-worker on his computer

Cantabria Justice declares valid the dismissal of a worker who kept sexual photographs of his boss's wife and a colleague on his computer

The Superior Court of Justice of Cantabria (TSJC) has declared valid the dismissal of a worker who was fired from his company after finding sexual photos of his boss's wife and a co-worker on his computer.

In a ruling issued last July, the TJSC endorses the decision of the Court of Instruction number 4 of Santander, which in May filed the complaint filed by the worker against his company for his dismissal.

The worker, who had been in the company since 2008, kept a folder on his computer with various pornographic material, including some naked photographs of his boss's wife.

In addition, she had saved 67 photographs of a co-worker's ass, taken when she was bending over the office photocopier, as well as on the counter of her workplace, which was next to this employee's.

The worker sued the company for revealing secrets, but the TSJC has considered that the company accessed that information correctly.

As detailed in the ruling, these files were found after a review of all the computers for virus risk carried out by the company and which had the signed consent of the worker.

In August 2021, the company fired him for "disciplinary reasons" due to "the commission of several very serious offenses" such as sexual harassment, the use of facilities for private purposes without authorization from the employer or the fraudulent use of electronic media.

In the resolution, the TSJC considers that the dismissal is correct, although it emphasizes that "sexual harassment", which is "defined by very specific profiles", "does not occur in this case despite the sexual and invasive content of the actor's actions." ".