They ratify the dismissal of a worker who put bleach in a bottle with her name to “teach a lesson” to a colleague

The TSJPV thus confirms a ruling by the Social Court 4 of San Sebastián that “declared the origin of the dismissal” of this worker when considering that “said sanction is proportional to the conduct committed.”

The San Sebastian court declared it proven that the woman had worked as a cleaner in a sports center since 2014 and that in that center the employees have a refrigerator where they can leave their drinks and food. There are also others there commonly used water bottles to use them for themselves or offer them to clients.

The employee used to leave her water bottle in that refrigerator, but on several occasions other workers had drank from it, to the point that one time she found it lying in the trash can.

On November 3, 2023, the woman left a half-liter bottle with her name in that refrigerator and poured certain amount of bleach. Two days later, another worker drank from that bottle and, upon realizing that it contained more than just water, he spit out what he had drunk.

“Fuck it”

Questioned about this fact, the woman admitted that she had put bleach and stated: “Fuck it.” The companion was treated in the emergency room without any injuries to his stomach being detected. The woman was fired by the company on November 10, 2023, considering that her actions represented “fraud and disloyalty in the entrusted efforts”as well as in dealing with co-workers, and “a violation of contractual good faith.”

The Social Court 4 of San Sebastián dismissed the lawsuit filed by the worker against that dismissal and declared it appropriate. The woman appealed to the TSJPV and alleged that the imposition of the most serious sanction (dismissal) “violated the principle of proportionality and the gradualist theory.”

In this way, he argued that there was not “sufficient gravity and culpability” in his behavior because his intention was not to poison his companions, because if so “he would not have identified the bottle with his name.” In addition, he stressed that the employee did not suffer any injury and that she had not been previously disciplined.

The TSJPV maintains, however, that the lower court ruling correctly applied the gradualist doctrine when it confirmed the admissibility of the dismissal. The court recalls that it has been proven that the woman poured bleach into her bottle, a substance that “it is known that can cause serious damage to health«.

In addition, it emphasizes that, from the proven facts, which have not been refuted, it “soundly deduces” that it was an act “conscious and voluntary to give a lesson to the worker to drink from his bottle because his patience had run out.” »We understand that the plaintiff has committed a very serious violation of contractual good faith, good faith being the proper behavior that must govern the employment contract at all times and her transgression being cause for disciplinary dismissal,” adds the Social Room of the TSJPV.

Furthermore, the Court considers that there is “the necessary element of guilt or intentional element“, without this failure requiring the production of a harmful result, since it is based on the loss of trust and, if applicable, on potential damage.”

Finally, he assures that the fact that the employee had not been previously sanctioned, that she did not hide her identity (by putting her name on the bottle) or that the colleague did not suffer damage that would cause him a medical leave are “minor circumstances that, in this case, do not allow the conduct to be assessed with less severity, since the definitive thing is that the appellant, consciously, put the health of his colleagues in real danger and for a trifle.” This ruling is not final and can be appealed to the Social Chamber of the Supreme Court.