Can a worker be fired for shouting a swear word at his boss?
In Spain, a worker on his way out of the company was warned by the manager that if he left he could be sanctioned, as he had taken a 15-minute break.
To which the worker replied “let’s see if you dare, gillipollas”, leaving the place as he was in a hurry for personal reasons. For context, ‘gillipollas’ is a Spanish swearing word equivalent to asshole.
This action led to the dismissal of the worker. However, he sued the company. It was then up to the Courts to determine whether the fact of an employee shouting a swear word at his boss at his boss justified his dismissal.
In the first instance, a Madrid Labour Court ruled in favour of the worker, concluding that his dismissal was unjustified. Nevertheless, the company challenged the judgment.
The Superior Tribunal of Justice of Madrid in Spain heard the appeal. The Court clarified that, although verbal or physical offences against the employer are just cause for dismissal, not every verbal offence warrants the sanction of termination.
Furthermore, the Magistrates specified that verbal offences must be analysed in the context in which they were given. Only in the case of a serious and culpable breach can dismissal be imposed, as this is the most serious sanction in labour law.
Thus, the Court considered the context of the case, in which the worker was required to stay in the company when he had already finished his working day.
The Court concluded that even if the worker used foul language, it did not have the gravity and culpability to justify his dismissal. It therefore upheld the judgment that declared the termination unjustified.
Read the judgement (In Spanish)
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References
Superior Tribunal of Justice of Madrid – Section nº 01 of the Social. Judgement of 26 January 2024. Resolution 54/2024. Remedy 941/2023. STSJ M 1797/2024 – ECLI:ES:TSJM:2024:1797
