The Superior Court of Justice of the Valencian Community (TSJCV) has declared ‘inadmissible’ the dismissal of a Post Office worker sanctioned for various labor irregularities, and has proceeded to grant you compensation of 44,381.43 euros.
Previously, in 2021, a disciplinary procedure had accused him of ‘serious’ misconduct: the retention of client identity documents, irregularities in money transfers through the Western Union systemas well as the lack of delivery of services paid for by clients.
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The accusations
Among the most notable allegations was an accounting imbalance of 300 euros in the Torrevieja office, where the employee provided services as a customer service operator. Although the amount was replaced the next day, Bárbara reported a co-worker to the Civil Guard, accusing him of stealing the money.
Additionally, Correos argued that The worker had retained six clients’ ID cards without taking steps to return it, and that he would have used other people’s identity documents to send money to Kosovo through Western Union.
Other alleged acts included customer complaints for uncompleted services: A client claimed to have paid 54 euros to send Christmas cards that never reached their destination, while another user reported non-payment of a receipt, despite having delivered 50 euros to the worker.
The ruling emphasizes that the Correos disciplinary procedure would not have been able to sufficiently substantiate the accusations against the employee.
What has the court recognized (and what has it not)?
The court recognized the seriousness of the faults attributed, but pointed out that the “generic description” of these accusations prevented the worker from fully exercising her right to defense, and that the evidence presented was insufficient.
Furthermore, the previous sanctions that the company used against the employee, consisting of minor reprimands in 2016 and 2017, were not considered sufficient background information to justify disciplinary dismissal.
Rejection of allegations of workplace harassment
In her appeal, the worker counterattacked reporting being a victim of workplace harassmentrequesting the annulment of the dismissal and additional compensation of 60,000 euros for moral damages. However, the TSJCV rejected this request as it found no evidence of this either.
The court recalled that to prove workplace harassment, or mobbing, it is necessary to demonstrate repeated and prolonged conduct that violates the dignity or integrity of the worker, something that, according to their analysis, It didn’t happen in this case..
Increase in compensation
The ruling readjusted job seniority of the employee, recognizing her employment relationship since January 20, 2001, although her permanent contract began in 2009. This decision was based on the doctrine of the essential unity of the employment relationship, which considers interrupted periods of employment as continuous due to leaves of absence or permits, as was the case of Bárbara.
This adjustment translated into an increase in compensation for unfair dismissal, which had initially been set at 25,180.70 euros by the Social Court No. 2 of Elche. With the correction, the figure rose to 44,381.43 euros.
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