Fired for being vigilant watching TV in the booth - Diario de Burgos

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The Prosintel company employee serving in the facilities of Grupo Leche Pascual and claimed unfair dismissal, which was ratified by the Court

The Social Chamber of the Superior Court affirmed the judgment of the Labour Court No. 3 in Burgos from declaring the dismissal of an employee of the security company Prosintel North Group who was stationed at the main facilities of Grupo Leche Pascual on the waterfront capital.
The plaintiff had worked for the security company since December 2003, with a permanent full-time contract with the category of security guard in the arandina dairy factory. The acts for which he was fired back to March 5, 2012 when, as stated in the judgment, the worker was assigned the shift from 15 to 23 hours “about 18:15 hours the service manager made a visit to the Leche Pascual facilities together with the team leader and observed from outside the guardhouse that the actor was watching a TV channel in a particular monitor on a table. ” Under this circumstance, the employee was warned that such conduct was prohibited. Far from relent in its position, the two heads returned 20 minutes after “making sure that the TV was turned on again,” seeing which, the service manager again berate his attitude to the employee who answered literally, “I sweat balls ‘.
These facts were argued to defend the merits of the dismissal of an employee, while adding that this was not the first time that the employee committed a foul during their working hours and their job. Specifically, a few months before the act for which he dismissed the November 28, 2011, as reflected in the statement, “I was disciplined for gross misconduct for falling asleep in the booth with several television sets and video connected yes ‘and’ in August 2010 he was fired for being in the booth with a flat on the table and various personal belongings, an act that was dismissed by final judgment. “
judge rapporteur expresses room in judgment that the charges against the employee are clearly described: “The plaintiff, a security guard, was discovered during the performance of their duties in the assigned work shift watching television in a particular monitor had been installed on a table.” This situation, which was repeated 20 minutes later, was corroborated by the service manager.
According to the judgment, “the performance of surveillance, in which the employee should exercise extreme senses of attention, care and caution against possible unexpected or unannounced events that must be headed off or solved, are neutralized by the use of electronic devices, and specifically to a television, in which the care required in the exercise of the functions entrusted to it is deflected in its entirety to broadcast programming. ” The proven facts are proof that “the plaintiff broke the trust that the company deposited in his person, to put aside the good faith required in the performance of their work.” That is why the Supreme Court held that “the defendants are indeed a violation of contractual good faith required of the worker as well as the occurrence of distractions and neglect of the duties assigned to a position of responsibility, as is the monitoring facilities of a company of special importance and scope as Leche Pascual “and therefore dismissed the appeal and confirmed the dismissal.