A recent incident of Disciplinary dismissal in Tenerife has drawn public attention, after the Superior Court of Justice of the Canary Islands (TSJC) upheld the termination of an employee from a supermarket in Santa Cruz de Tenerife. As reported by Cope Canarias, the individual, named Leonardo, was dismissed in June 2022 after being caught on surveillance video stealing products from the stockroom during his working hours.
The company noticed irregularities when empty boxes began appearing in various parts of the store, prompting an internal investigation. The footage confirmed that the worker concealed items beneath his jacket and transported them to his car during the night shifts.
The Stolen Items and Disciplinary Dismissal
Among the items that Leonardo was recorded taking were marinated loin fillets, minced meat, gourmet yoghurts and a bottle of shampoo, among others.
Caught on Camera: Surveillance recordings validated that the employee stole stock during his work hours / The province
With the gathered evidence, the company proceeded with his disciplinary dismissal, citing Article 54.2.d) of the Workers’ Statute, which penalises the breach of good faith in the contract and abuse of trust.
The Employee Appealed, but the Courts Upheld His Dismissal
Leonardo filed a lawsuit for Unfair dismissal, arguing that:
- There had been no adherence to formal requirements in the procedure.
- The evidence was insufficient.
- He faced an alleged retaliation against him.
Firm Justice: The TSJC confirmed that the disciplinary dismissal was warranted, dismissing the employee’s appeal / The province
However, the Social Court No. 1 of Santa Cruz de Tenerife rejected his claim, emphasising that the evidence was compelling and that the theft constituted a serious violation in accordance with the Collective Agreement of Lidl.
The TSJC Confirms the Ruling: Dismissal Fully Justified
After an unsuccessful attempt in First Instance, Leonardo escalated his case to the TSJC, which also dismissed his appeal, affirming that:
- The evidence was valid and demonstrated the serious misconduct.
- There had been no infringement of his right to compensation or retaliation.
- An appropriate process as the worker did not have union representation.
Zero Tolerance for Theft: The ruling underlines that any act of theft within a company may result in immediate dismissal / The province
This ruling reconfirms that thefts within a business can justify a swift dismissal, irrespective of the value of the stolen items.
