Using the company restaurant card while on medical leave can be reason for dismissalas stated by the Superior Court of Justice of Catalonia (TSJC) in a recent ruling. Although the expenses made with that card barely exceeded 50 euros, the Social Chamber points out that this improper use “is a serious and guilty actwithout any justification”, since there was a “breach of good faith and due loyalty”.
The worker received said card to cover his living expenses, but only on business days and during work hoursin establishments participating in the payment system of this card.
In the document informing the employee about the conditions of use, which he signed, it was also specified that “could not be used during vacations or during any other paid leave or suspension of the employment relationship”, such as in this case, a medical leave, which took place in the summer of 2023.
However, knowing this, the operator “used the card six times“during his temporary disability, “with a total consumption of 53.51 euros,” he details the sentence.
In its letter, the Social Chamber supports the company for having dismissed the worker by citing article 54.1 and 2 of the Workers’ Statute, which indicates that “the transgression of contractual good faith, as well as the abuse of trust in the performance of work” is a “non-compliance by the worker, which, if serious and culpable, justifies disciplinary dismissal“.
According to the TSJC, “the repeated use, while on medical leave, of a card provided by the company for consumption related to your work activity, constitutes a manifests violation of the employee’s duty of probity and, therefore, a breach of good faith, without justification, not even for mitigating purposes.”
For this reason, the court has appeal dismissed that the employee had filed and thus supports the ruling issued last January by the Social Court number 8 of Barcelona.
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