The High Court of Justice of Andalusia, in its ruling 087/2024, dated 9 May 2024, upheld the dismissal of an employee who, without the company's authorisation, was absent during the Christmas holiday period. The employee had also left his post one day before his holiday request was formally refused.
Written by Alessia Macchia
Graduate in Labour Relations
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Abandoning one's post
The employee, who worked as a mechanic, submitted a holiday request on 13 December 2021 for the period from 16 to 31 December 2021. However, due to a high workload, the company refused the request. Despite this, the employee, Mr Fernando, did not report to work between 16 and 31 December 2021. This absence became the central point of the dispute, as the company argued that the employee had left his post without authorisation and without following the proper procedure for requesting annual leave.
NOTICE OF disciplinary dismissal
The company notified Mr Fernando of his disciplinary dismissal on 3 January 2022, with immediate effect. The reason for the dismissal was the employee's unauthorised absence between 16 and 31 December 2021.
The company argued that the employee abandoned their post without following the established procedure for requesting annual leave, and further noted that the high workload during that period made it impossible to approve the request. Accordingly, the company took the view that this conduct constituted a serious breach justifying termination of the employment relationship on disciplinary grounds, pursuant to the applicable collective bargaining agreement.
THE employee'S CONDUCT
The employee lodged a appeal before the High Court of Justice, seeking a declaration that the dismissal was unfair. In the appeal, the employee argued that the company had failed to properly authorise the annual leave, in breach of their employment rights and the duty of good faith under Article 54 of the Workers' Statute. The employee further contended that the dismissal did not meet the legal requirements for it to be deemed fair.
The court dismissed the appeal and upheld the ruling finding the dismissal to be fair. In its decision, the court held that the employee had abandoned their post without proper authorisation, which constituted a serious breach and justified termination of the contract by disciplinary dismissal. The claim for compensation for untaken annual leave was likewise dismissed, given that the dismissal had been declared fair.
¿WHY DID THE COURT FIND THE dismissal TO BE FAIR?
In this case, the employee should have consulted the applicable collective bargaining agreement, given at least two months' notice of the request, and ensured that the company had granted approval for the leave.
Furthermore, since this was a unilateral decision — the employee did not wait for the company's response — the request was treated as action taken solely on the employee's own initiative. Such conduct may justify a disciplinary dismissal, as was the case here.
How should I correctly request holiday leave from my employer to avoid this situation?
When planning holiday leave, the first step an employee should take is to consult the collective bargaining agreement applicable to their contract. If that agreement does not include a specific section on holiday leave, the employee should refer to the internal holiday policy established by the company. In addition, the employee must submit a written holiday request at least two months in advance. Both the company and the employee may agree on the holiday period by mutual consent, provided the company is in a position to accommodate this.
Can the company turn down my request?
Even if the employee has met all formal requirements, the company may still reject a holiday request on justified grounds, such as an exceptional increase in workload or internal reorganisation needs.
In such cases, it is essential to maintain open communication with the company in order to reach an arrangement that works for both parties.
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