An employee of the Dia supermarket was fired for …

An employee of the supermarket chain Day in the city of Cantabria, Spain, she was fired for wearing the wrong mask repeatedly and for disrespecting a client and colleagues.

According to the decision of the Social Court number 6 of the city of Santander which declared the dismissal appropriate, the episode began on May 27, 2020, when a customer found that the worker in the fishmonger’s area was wearing the chin strap incorrectly, leaving the nose uncovered.

Faced with the employee’s indifference, the customer decided to go to the manager of the place to transmit the complaint. However, even though they both approached the employee to try to reason with her, it not only did he ignore his superior’s orders, but he threatened the client: “If you don’t like it, go for it. If you want, we can fix it in the street, without the uniform ”.

Three weeks later, the company notified the worker of her dismissal for disciplinary termination. Among his arguments, he noted that she did not respect the safety and hygiene rules, nor to standards of respect for the public and its employees.

Although the employee brought legal action to request the declaration of inadmissibility of her dismissal, in the judgment of the social tribunal, it was established that she “provided services with an unpackaged product, fish, therefore prevention rules occupational risks forced him to use it correctly, covering his mouth and nose ”.

Likewise, the decision emphasized that in addition to “ignoring” his superior, he addressed the client “in a threatening tone”, facts which, according to the court, are sufficient to apply the disciplinary dismissal.