The Social Chamber of the Supreme Court has endorsed the dismissal of the former “number two” of the DIA distribution group Amando Sánchez, by dismissing the appeal filed by the manager.
In a sentence, The court has rejected the request for review made on behalf of Sánchezaccording to the Prosecutor’s report.
The ruling, which cannot be appealed, does not entail the imposition of the procedural costs incurred on the counterparty, so each party must assume those caused at its request.
Sanchez was hired in December 2011 as corporate CEO. He held the position of CEO of Portugal and was a member of the management committee of the DIA group and DIA Spain.
Under his responsibility was the financial area of DIA Spain and in 2018 he certified – with the then CEO, Ricardo Currás – the group’s 2017 accounts, on which he later irregularities were found.
The company delivered the disciplinary dismissal letter to Sánchez in November 2018 accusing him of disloyalty for altering DIA’s accounting and presenting results that “they did not reflect the true image of the company.”
The case against the former DIA leadership due to falsehood in public documents, it was definitively archived in 2023, after the Prosecutor’s Office withdrew in the Supreme Court from the appeal filed against its archive.
The Social Chamber of the Supreme Court has indicated that the order of dismissal and that of the National Court that originated it declared that the ultimate responsibility corresponded to Currás, although this “does not imply a lack of responsibility” on the part of Sánchez.
Furthermore, it has rejected the request for review because “the admissibility of the dismissal has been declared by the social order courts based on some facts without criminal relevance”.
The Supreme Court has agreed with the conclusions of the Public Prosecutor’s Office, for which “it is not appropriate to access the request for review of the labor sentence which confirms the disciplinary dismissal, since the proven facts stated in the dismissal letter are in no way modified by the order of dismissal that was followed in the criminal jurisdiction against Sánchez and the rest of those investigated”.
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