The Superior Court of Justice of Madrid (TSJM) has ratified the decision to declare unfair the dismissal of a truck driver who was fired by his company for helping one of his bosses to make a move while he was on leave.
Ruling 330/2023 of March 30 obliges the company CCTC Servicios Ambientales S.L, specialized in waste management, to reinstate the worker or pay him compensation of 8,557 euros for the termination of his contract, according to Confilegal.
The facts date back to October 2021, when the employee sprained his right knee when he got out of the truck in which he worked. At that time, he was placed on temporary leave and received medical treatment and rehabilitation. The last session was given to him on January 4, 2022 and he was discharged on January 12.
In between, on January 6, one of his bosses asked him for help to make a move and the trucker helped. A week later, on the 13th, when he returned to his job, the company opened a disciplinary file against him, considering that he had committed very serious offenses by helping to move while on leave.
The worker was fired four days later, on January 17. The trucker sued the company and the Social Court No. 3 of Madrid agreed with him, considering that there was no serious conduct, among other things, because he had not loaded heavy objects and had already finished rehabilitation.
The company appealed to the TSJM, but this body has ratified the decision to declare the dismissal unfair because it was disproportionate. In the sentence, he considers that it was a "specific and isolated" event, that the worker went to the call of a superior and that during the leave he carried out activities of daily life.
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