Spanish Court Rules Supermarket Worker’s Firing Over Uneaten Croquette Was Unlawful

The court ordered Mercadona to either reinstate the employee or pay over €40,000 in compensation and legal fees.

The Superior Court of Castilla-La Mancha upheld a lower court ruling that the dismissal of a supermarket worker for eating a croquette destined for the trash was unjustified.
The worker, employed by Mercadona for 16 years, ate a single croquette after store hours in July 2023, which violated company policy prohibiting unpaid consumption of store products.
The court found that consuming a single croquette, which would have been discarded, did not constitute 'serious misconduct' warranting termination.
Mercadona was ordered to reinstate the worker or pay €39,700 in lost wages, along with €600 to cover legal expenses.
The ruling emphasized that it was common practice for employees to consume unsellable food items after hours, further invalidating the dismissal.