The Social Court of the Superior Court of Justice of La Rioja (Spain) has declared the dismissal of an employee who told his boss to "go to hell" as unfair, in a ruling reported by La Rioja Newspaper.
The incident took place in September 2023 at a company in the La Portalada industrial estate. An employee was welding when the supervisor and one of the company owners passed by to monitor production.
After picking up a piece, the employee exclaimed in front of his astonished colleagues: "What are you doing looking at my pieces? Go to hell." Another manager later asked him about what happened, and he confirmed: "Yes, I told him to go to hell." The worker then left, and hours later, he went to a hospital with an "anxiety crisis" caused by a work-related argument. That same day, the company informed him of his "disciplinary dismissal" for a very serious offense, alleging that he expressed himself in a "very violent and aggressive tone."
The worker went to court, and his appeal was initially rejected in the Social Court, which upheld the company's decision. Legal support was subsequently obtained in the Social Court.
The judge considers that the worker used "incorrect, disrespectful, and impertinent terms" to convey his "anger, disagreement, and rejection of the supervision of his work" to his boss. The judge also analyzed the Metal Industry Agreement to "point out that verbal or physical specific offenses, as well as lack of respect," are classified as serious and punishable by "written reprimand and suspension of employment and salary for 2 to 20 days."
According to the TSJR, the behavior is "reprehensible" but "lacks sufficient seriousness to warrant the most severe sanctions." Consequently, the ruling condemns the company to choose between "reinstatement" paying him the wages he has not received since September 20 or paying him compensation.