In its recent judgement STSJ Canarias 837/2024, the Labour Chamber of the High Court of Justice of the Canary Islands (Tribunal Superior de Justicia de Canarias (TSJC)) analysed the disciplinary dismissal of an employee of WORTEN CANARIAS, S.L., who transferred 3,890 euros to fraudsters posing as his superior.
The Court concluded that the worker had committed a serious breach of contractual good faith by not following the company's internal protocols for making payments. In particular, he did not verify the veracity of the request or consult with his superiors before carrying out the transaction.
Written by Alessia Macchia
Graduada social
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The fraud: a well-executed telephone scam
According to the sentence, the employee received a phone call from someone purporting to be a manager of the company in Portugal, who told him that he had to make an urgent payment to complete the delivery of an order. The worker proceeded to activate 85 Google Play and Amazon prepaid cards, sending the codes to the fraudsters without confirming the authenticity of the instruction. As was to be expected, the cards were used immediately, causing a significant financial loss to the company.
Liability and loss of confidence
The TSJC highlighted that, given the position of responsibility held by the worker, more diligent behaviour was expected of him. His failure to comply with internal protocols undermined the company's trust, which justified his fair disciplinary dismissal.
Lawyer Sergio Hernández, the company's representative in the litigation, emphasised the importance of the ruling:
"This ruling is significant in the context of the increase in telephone scams in different sectors. Beyond the economic damage, what is being penalised is the worker's gross negligence. If he had followed internal protocols and consulted with his superiors, the fraud would have been avoided. The breakdown of trust is a key element in these cases."
fair dismissal for contractual bad faith
In the first instance, the dismissal had been classified as an unfair dismissal. However, the TSJC overturned this decision on appeal, deeming the employee's conduct to constitute a very serious infraction, thus justifying his disciplinary dismissal.
This case highlights the importance of diligent compliance with company protocols and emphasises the legal implications of a breach of trust in the workplace.
WHAT IS CONTRACTUAL GOOD FAITH?
Trust is a fundamental pillar of working relationships, closely linked to the principle of good faith. A trust-based work environment allows employees to feel confident in expressing ideas, taking risks and collaborating effectively, thus strengthening relationships between leaders and teams. This dynamic fosters commitment, loyalty and a positive work environment.
However, when trust is affected by a breach of contractual good faith or a violation of trust, conflicts can arise that may even warrant disciplinary dismissal.
Good faith in the employment contract: legal framework in Spain
The principle of contractual good faith is recognised in the Spanish legal system and is expressly mentioned in the Workers' Statute (Estatuto de los Trabajadores):
- Article 5.a): Establishes that it is a basic duty of the worker to “fulfil the specific obligations of their job, in accordance with the rules of good faith and diligence”.
- Article 20.2: Obliges both the worker and the employer to fulfil their reciprocal obligations in accordance with the requirements of good faith.
- Article 54.2.d): Considers the transgression of contractual good faith as a cause for disciplinary dismissal, provided that it amounts to a serious and culpable breach.
In practice, a loss of trust on the part of the employer can lead to disciplinary action or the termination of the contract, especially in cases in which the worker has key responsibilities within the organisation.
Respect for good faith is not only a legal duty, but is also an essential factor for the correct functioning of any company. Its breach can lead to conflicts, disciplinary action and even the loss of employment. That's why it is essential that both employees and employers act transparently and respect established rules.
It is important that the employer sets out specific obligations so that the worker is well informed of their duties, in accordance with Article 5 of the Workers' Statute which stipulates that the worker has the obligation to “fulfil the specific obligations of their job, in accordance with the rules of good faith and diligence”.
CAN THE COMPANY FIRE ME FOR CONTRACTUAL BAD FAITH?
For the company to be able to terminate the employee's contract for breach of contractual good faith, the following circumstances must have arisen:
- Serious and culpable breach: The worker's conduct must be classified as serious and have been carried out with intent or significant negligence, as established in Article 54.2 of the Workers' Statute.
- Demonstration by the employer: It is the company's responsibility to prove that the worker committed an act that violates contractual good faith, such as fraud, disloyalty, breach of trust or unfair competition.
- Proportionality: The sanction must be proportional to the offence committed. A simple transgression is not enough; there must be a significant impact on the employment relationship or the interests of the company.
- Specific circumstances: The courts evaluate each case in light of factors such as the worker's seniority, their hierarchical position, the consequences of their actions and whether or not they acted intentionally.
