The courts have definitively settled the labor dispute surrounding the dismissal of a store manager in southern Gran Canaria, fully upholding the previous ruling of the Social Court No. 3 of Las Palmas. The high court rejected the arguments of the appeal filed by the employee and upheld the disciplinary dismissal after finding conclusive evidence of fraudulent behavior based on the issuance of false income statements that concealed an embezzlement of over €8.000 in cash.
The court ruling delves into the employee's professional development within Ocean District, SL, noting that he had been working there since September 2021 and had risen through the ranks to assume direct responsibility for the store located on Palmitos Park Road. The court emphasizes that, at least since 2022, the essential duties of the position included monitoring daily cash sales and their subsequent deposit into the company's account at Banco Sabadell. For this purpose, the employee had a card linked to his phone and a dedicated corporate email address, receiving digital bank statements that he was then required to forward to his supervisor.
Faced with the appellant's attempt to evade responsibility by claiming he did not hold the position in question during the periods in question or that third parties had accessed his email account, the High Court of Justice of Catalonia (TSJC) deemed these explanations "implausible." The judges emphasized that the company convincingly proved, through the uncontested documentation (document 7.2) and witness testimony, that the use of the email and the sending of the receipts originated directly from the defendant. The court criticized the appellant for alleging unauthorized access without even suggesting or proving who might have impersonated him or what hidden motives would have driven a third party to fabricate false payment receipts in his name.
In its reasoning, the Court emphasizes that the company rigorously complied with all the requirements of the burden of proof, demonstrating the falsity of three specific remittances from August 2023 totaling over €8.000, which were listed as deposited via emails sent by the plaintiff but were never reflected in the company's bank statements. For the court, this conduct undermines the fundamental pillars of the employment relationship, based on the reciprocity of trust: "A company cannot be required to maintain the employment relationship with a worker who, breaking the trust placed in him and performing duties that involve handling money, submits receipts that do not reflect reality."
Finally, the ruling dismisses the claim regarding the alleged disproportionality of the maximum penalty. The High Court of Justice of Catalonia (TSJC) confirms that the fraudulent conduct committed from a position of special trust and authority fully constitutes the very serious offense of breach of contractual good faith and abuse of trust, as stipulated in Article 54 of the Workers' Statute. Since no other plausible disciplinary alternative has been demonstrated for an infraction of such gravity, the Court upholds the dismissal of the appeal and ratifies the absolute validity of the dismissal.
