A Spanish woman who sued her ex-employer after she was fired for coming in too early to work has just lost her case.
Everyone knows that coming in late to work regularly can be grounds for dismissal. A Spanish woman recently learnt that even coming in too early for work can get you in trouble, too.
The woman, a delivery company employee, regularly arrived for work around 6.45 am, despite her contract stipulating a 7.30 am start. This meant she was starting her work much earlier than her colleagues, which caught the attention of her manager.
In 2023, she was reprimanded for coming in too early, but she continued her habit while ignoring repeated warnings from the management.
Earlier this year, she was fired for "serious misconduct", with the company stating that by arriving so early, she had no tasks to perform and therefore wasn't making any contribution to the company. The woman didn't agree with the decision and filed a lawsuit at the Alicante social court.
But to her surprise, the court sided with her ex-employer, saying, ”The worker’s conduct had an impact on the relationship of trust and loyalty, which is considerably affected, because despite the company’s warnings […] the complainant insisted on entering prematurely,” the Court’s ruling read.
“Ultimately“, it is considered that the behaviours attributed to the worker […] are of sufficient gravity and importance to constitute very serious misconduct of disloyalty, breach of trust and disobedience, which justify the termination of the employment relationship.”