The Social Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has ruled on the dismissal of an employee who fell victim to a fraud scheme, transferring 3,750 euros to individuals posing as his superiors.
On January 17, 2023, a worker at an electronics store in Tenerife received a phone call from someone claiming to be in charge of the offices in Portugal, urgently requesting to speak with his boss.
Since the employee in question was unavailable, the call was answered by the worker, who was then informed about an urgent shipment requiring immediate payment in cash.
The employee did not pursue further enquiries to verify the legitimacy of the call; when questioned about the amount of money he had, he stated it was 2,100 euros and expressed concern as it was all they possessed. The scammer reassured him, stating arrangements would be made to obtain additional funds.
The worker also provided his personal mobile number for the fictitious delivery and the scammer even pretended to hold a conversation with the store manager. Following this, the scammer informed him that the remaining amount could be covered by activating 85 prepaid cards, which he proceeded to do.
He sent the scam codes via mobile but started to become suspicious after an hour when the expected delivery did not arrive. Together with a colleague, he attempted to cancel the transaction, but to no avail. Eventually, he realised he had been scammed and filed a report at the police station.
Initially, the dismissal was deemed unjustified, but ultimately the TSJC upheld the company’s decision, concluding that the employee had acted in bad faith.
