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Spanish Court Upholds Firing of Worker Who Kept Clocking In Early

Alicante's social court upheld the dismissal on grounds of disobedience under Article 54.

Overview

  • The 22-year-old repeatedly arrived about 40 minutes before her 7:30 a.m. shift despite verbal and written warnings dating back to 2023.
  • Judges considered records showing at least 19 early arrivals and attempts to register attendance via the app before reaching the office.
  • The court said the core issue was refusal to follow instructions, finding a serious breach under Article 54 of the Spanish Workers’ Statute.
  • The employer’s allegation that she sold a used company car battery without permission contributed to a pattern of disloyalty cited in the ruling.
  • The judgment currently stands in Alicante, and the worker can appeal to the Supreme Court of Valencia.