Justice has rejected the claim of an ONCE worker dismissed for "working without due diligence" by losing a collection amounting to 7,600 euros.
This is what the ruling of the Superior Court of Justice of Castilla-La Mancha says, in which the judges maintain that the organization has the right, according to its collective agreement, to compensate its economic differences with the workers in the payroll. These differences include the collection not paid by an employee in the event of a possible theft, if his conduct was not diligent and the insurance company does not accept the claim.
The fired salesman, who declared that he had an interim replacement contract, reported to the Civil Guard that on the day he lost the money "he had in his bag the amount of 7,600 euros derived from his activity." Before admitting them, he "took his mother to the physiotherapist, later he went to the market to buy some pants, which he tried on, and after that he went to the supermarket," he explains in the complaint reflected in the sentence. .
When he went to take the money, "he realized that the bag was open, and the envelope containing the collection was not found in it, not knowing if someone took the money from him, or where it was."
This situation led the company to terminate the contract due to failure to pass the trial period set at six months, "which is classified by the trial judge as unfair dismissal, after appreciating the abusive duration of the aforementioned trial period, a ruling that does not deserve no consideration, having been assumed by both parties".
After the dismissal, ONCE blocked the transfer of the settlement until it received the resolution from the insurance company that determined whether the incident was "covered or not by the policy." He also gave the dismissed person a "provisional receipt for the settlement amount" that warned him that, if the insurance did not cover the incident, it would be compensated "to the maximum extent legally possible" with the amount of the amount supposedly stolen.
The ruling, as reported by Cadena SER, rejects the man's claim for the unpaid settlement, estimated at 3,192.15 euros, since his attitude has been considered negligent.
The ruling, however, does appreciate the unfair dismissal, since it considers the duration of the aforementioned trial period – six months – abusive. For this reason, the worker will have to be reinstated or compensated by the company with 805.19 euros.
