Overview
- On December 8, Juzgado de lo Social No. 3 in Alicante declared the dismissal procedente, leaving the employee without indemnification.
- The company had issued verbal and written orders not to enter before 7:30 a.m., yet over the next month the worker clocked in up to 19 times between 30 and 45 minutes early.
- Court findings say she used the attendance app fraudulently, including six clock‑outs when already off‑site, and she sold a used company battery without authorization.
- The worker said she arrived early due to workload and longstanding tolerance, but the court found no justification and noted no other staff entered before 7:30 a.m.
- The decision applies Article 54.2 on disobedience and loyalty breaches, and commentators describe the case as unusual but legally consistent given the evidence.