The Superior Court of Justice of Catalonia has declared as inadmissible the dismissal of a baker who was recorded while urinating on different utensils in the bakery. The reason? Consider that the evidence was obtained illegally.
Apparently, the company provided some images from a surveillance video camera that was located in an area where workers changed clothes. The problem with this main test, which a priori seemed conclusive, is that the installation of this device was not announced at any time to the employees and no consent was requested from them.
When did it happen? The events took place during the month of October 2018 when the worker was hired at the Sants Station Café. It was then that she received a burofax announcing her dismissal for "transgression of contractual good faith and abuse of trust in the performance of work," the ruling states.
The ruling also indicates that in August of that same year, given the suspicions that the company already had, the services of an investigation company were hired that determined that "while (the worker) was carrying out production tasks in the area authorized for this activity , he squatted, urinated into a bowl, throwing its contents into the sink, soaking the bowl lightly in water and depositing it with the rest of the clean utensils, which were later going to be used in production tasks for the customers' consumption." .
The compensation. Although the worker reported the case to the Labor and Social Security Inspection alleging that the dismissal had occurred during a sick leave, the Social Court number 14 of Barcelona has declared the dismissal inadmissible due to improper use of the camera. surveillance.
The company was sentenced to reinstate the worker or compensate her with 25,336.08 euros. An amount that has been ratified by the regional court despite the company's appeal.
