Object of the decision
Representation of the Employer in a dispute with one of its employees, dismissed for real and serious cause.
By judgment rendered on January 24, 2017, the Industrial Tribunal decided that the employee’s dismissal was not based on a real and serious cause. It therefore ordered the Employer to pay the employee the following sums:
- 35,000 euros in damages for unfair dismissal;
- 10,000 euros in damages for discriminatory dismissal;
- 5,000 euros in damages for moral prejudice;
- 500 euros pursuant to article 700 of the Code of Civil Procedure.
The company appealed the decision.
The Court of Appeal overturned the judgment rendered by the Industrial Tribunal, ruling again:
- States that the employee’s dismissal was based on a real and serious cause;
- Dismissed the employee’s claims for damages for unfair dismissal, for damages for discriminatory dismissal, for damages for moral prejudice and in application of article 700 of the Code of Civil Procedure;
- Confirmed the judgment for the remainder.
And adding:
- Dismissed the employee’s claim for damages following the content of the company’s appeal conclusions;
- Dismissed the employee’s claim pursuant to Article 700 of the Code of Civil Procedure for the appeal instance;
- Dismissed the company’s claim pursuant to Article 700 of the Code of Civil Procedure;
- Ordered the employee to pay all costs of the first instance and appeal.
This decision is final.