Employment law court cases

SPAIN Court National Court (Social Chamber) Case Federation of Industry Workers Commissions v …

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SPAIN Court Supreme Court of Spain (Social Chamber) Case UNIFICACIÓN DOCTRINA Núm …

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SPAIN Case Fodeintur S …

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ECtHR, SPAIN Case López Ribalda and Others v Spain Court European Court of Human Rights (ECtHR) Date issued October 17th 2019 Subject Dismissal based on evidence from covert surveillance was not in breach of privacy rights Substance The Grand Chamber of the ECtHR held that the Spanish courts were correct to find that the dismissal of five supermarket employees based on evidence obtained through covert surveillance was lawful …

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SPAIN Court Labour Tribunal of Las Palmas de Gran Canaria (Juzgado de lo Social) Date issued September 23rd 2019 Subject Replacing employees through automation Substance The Labour Tribunal in this case was called to examine the lawfulness of termination of an employee whose duties were mainly of an administrative accounting nature – which had been almost completely automated through a new computer system …

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SPAIN Court: Social Chamber of the Superior Court of Justice of Castilla y León de Valladolid Date issued: February 6th 2019 (recently reported) Subject: Redeployment of an administrative employee: right to “moral integrity” Substance: An administrative employee was transferred from an office to a factory site …

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SPAIN Court: Superior Court of Justice of Galicia (Tribunal Superior de Justicia) Date issued: January 10th 2019 (reported late) Subject: Disciplinary dismissal of an employee who damaged the car of a fellow employee Substance: The Court held that the employee’s dismissal was lawful and proportionate to the breach of their contractual obligations …

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SPAIN Court: Superior Court of Justice of Castilla-La Mancha (Tribunal Superior de Justicia) Date issued: September 11th 2018 (reported late) Subject: Burden of proof in unlawful dismissal cases based on discrimination Substance: Blatant discrimination cases are now far less common than two decades ago, but they do still occur …

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SPAIN Court: Supreme Court Date issued: 10th April 2019 Subject: Data processing consent clauses in employment contracts Substance: The Supreme Court has overruled a National Court decision in finding that a contractual clause requiring employees’ consent to the use of their personal data (image and/or voice) was not unlawful, hence, not void …

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SPAIN Court: National Supreme Court Date issued: 27th May 2019 Subject: Unfairly dismissed employees are entitled to holiday pay from the point of dismissal to the resolution of their compensation/reinstatement claim Substance: The Supreme Court annulled the decision of the Labour Court of Madrid and ruled that the employee, who was found to have been unfairly dismissed, was entitled to holiday pay for the period between their dismissal and reinstatement …

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SPAIN Court: Pamplona Labour Court Date issued: 18th February 2019 (recently reported) Subject: Can CCTV evidence be used in support of employee dismissal? Substance: Following a claim for unfair dismissal, the Court had to decide whether video surveillance recordings were valid evidence that could be used as proof to justify an employee’s dismissal …

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In Spain, employers are suggested that they should establish a social media policy that sets out what is reasonable use of social media in the workplace (e …

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SPAIN Court: Constitutional Court (Tribunal Constitucional de España) Date issued: 3rd July 2019 Subject: The part-time (PT) workers’ retirement pension calculation Substance: The Court has annulled the method of calculating retirement pension for PT workers, explaining that it constitutes a violation of equal rights between FT and PT employees …

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SPAIN Court: High Court of Andalucía (Tribunal Superior de Justicia de Andalucía) Date issued: 28th March 2019 Subject: Privacy at the workplace and the right to review the employee use of IT tools Substance: The Court held that the dismissal of an employee who had been allegedly spending most of their working time using company equipment and the Internet for personal use was unfair …

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SPAIN Case: General Confederation of Labour (CGT) v Unisono Business Solutions Court: Supreme Court Date issued: 17th January 2019 Subject: Payroll transparency: Payroll content must be easily verifiable by employees Substance: The Supreme Court confirmed the National Court’s (social chamber) 2017 decision that employers have a responsibility to provide clear and detailed payroll details to individual employees …

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