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Dismissal is lawful if performance drops after being denied telework

| News | Employment Law and Social Security

Alfredo Aspra reasons that the sanction of dismissal is justified

It is appropriate to dismiss an employee who lowers their performance after the company denies her the possibility of teleworking from her home, as this is retaliation by the worker against the employer. This was determined by the Madrid Labour Court No. 4, in a ruling in which the bearer, Judge Sanz Anchuela, ruled out the existence of any proven cause that had prevented the worker from carrying out her work correctly and achieving the minimum performance required.

Alfredo Aspra, partner of the Andersen Labour Area, reasons that the sanction of dismissal is justified, since the worker has totally broken the trust that governs all employment relations, voluntarily, continuously, seriously and culpably diminishing her work performance, without a grading, because her behaviour is repeated and continued over time.

The worker had generally set minimum annual average productivity objectives, and this was reflected in her profile as an employee on a digital platform used by the company, so the ruling does not admit that she can claim ignorance, even if she had not signed any document.

In this regard, Alfredo Aspra explains that this minimum objective was part of her contract, as it was posted in her employee profile and was known and accepted by her.

The full article can be read in El Economista

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