Employee wins unfair dismissal case over Morocco phone calls

Hired since 2017 as an agricultural worker in the Murcia region, the employee received a work mobile phone in February 2020. Although he had committed in writing to use it strictly for professional purposes, the man made multiple private calls to Morocco between March and September 2022. The bill for these international calls eventually reached 557.24 euros, prompting management to react to this breach of trust.

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This abusive use was added to an already serious disciplinary record. According to the elEconomista newspaper, the employee had recently received sixteen days of suspension for threatening his human resources director. He was demanding irregularities on his pay slips to inflate his paternity benefits. The day after his warning concerning calls to Morocco, the company logically notified him of his dismissal for gross misconduct.

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However, the case was brought before the Superior Court of Justice of Murcia. The judges emphasized that the dismissal letter contained accusations that were far too generic, failing to detail precisely the facts in question. This legal imprecision deprived the worker of his right to defend himself, so the court declared the dismissal inadmissible. The employer is now ordered to reinstate the employee on the same terms or pay him 7,283.23 euros in compensation.