The Supreme Court of Spain upheld the decision to dismiss an office worker for serious breach of duties. The woman, whose identity was not disclosed, spent a significant amount of work hours on private use of Instagram and extended her breakfast breaks. The company documented that the employee spent 21 hours on this social media platform in one month. The court ruled that such behavior constitutes a serious violation of basic employment duties and justifies termination without compensation.
21 Hours on Instagram at Work
The employer documented that the employee spent 21 hours in one month browsing Instagram during work hours, which constituted the main basis for dismissal.
Extended Breakfast Breaks
In addition to abusing social media, the employee regularly extended her breakfast breaks, further violating her duties and work discipline.
Disciplinary Dismissal Without Compensation
The court deemed the dismissal correct, meaning the employee has no right to compensation or reinstatement, as the violation was serious.
Violation of Basic Duties
The ruling emphasizes that using work time for entirely personal purposes on such a significant scale constitutes a serious violation of the basic duty to perform work.
The Supreme Court of Spain upheld the disciplinary dismissal of an office worker for excessive and unjustified use of social media and extending breakfast breaks during work hours. According to data documented by the employer, the woman spent a total of 21 hours browsing Instagram during work hours in one month. Additionally, she regularly exceeded the permitted time for meal breaks. The court deemed such behavior a serious violation of the employee's basic duty to perform work for the employer during established hours. In Spanish labor law, similar to Polish law, an employee has the basic duty to perform work diligently and carefully and to adhere to work hours. Termination by the employer without notice and without compensation (disciplinary dismissal) is permissible in cases of serious violation of basic employment duties, as defined by Article 54 of the Workers' Statute. The judges ruled that the scale of the abuse – dedicating over 20 hours per month to activities completely unrelated to work – goes beyond permissible, occasional use of the internet for private purposes and strikes at the very essence of the employment relationship. This decision serves as an important signal for office workers whose work is monitored and clarifies the boundaries of acceptable behavior. The ruling confirms that the employer has the right to expect that time paid as work will actually be dedicated to it. The identity of the employee and the company name were not disclosed, but it is known that the dismissal resulted from electronic activity monitoring.