The event occurred in the early morning of December 23, 2022 when the plaintiff’s employee, after celebrating a company Christmas lunch, attacked a colleague by hitting him several times, causing a wound that required stitches and a visit to the ophthalmologist.
The Social Chamber of the Supreme Court of the Basque Country (TSJPV) has considered it originating He dismissal of an employee for assaulting a colleague after a Christmas business lunch.
He TSJPV rejects the appeal submitted by the employee and confirms the decision of the Social Court number 7 of Bilbao, in which the dismissal was declared admissible.
According to the facts proven by the court, the event took place in the early morning of December 23, 2022 when the plaintiff, after celebrating a company lunch at Christmas, was an employee attacked a colleague He hit him several times, causing a wound that required stitches and a visit to the ophthalmologist. The company fired him because of these events, the TSJPV reports.
In his appeal to the TSJPV, the employee argued that the alleged mistreatment has not been proven, that there was an incident, but also cross-complaints, and that the principle of equality was violated by not having dealt with an employee’s complaint with the TSJPV . the same guarantees as the others.
The TSJPV specifies that the court has already “broadly evaluated” the case. Witness statements that they gave during the oral hearing to form their conviction about the events that took place that led to the employee’s dismissal. Furthermore, she states that the proven events are “undoubtedly serious due to their intensity and impact on the integrity of an employee”. -employee, with a clear impact in their fundamental right to physical integrity,” and they also have “the hallmark of culpability, as no circumstances exist, nor have been alleged in the appeal, which could diminish such culpability and responsibility of the plaintiff worker.”
The TSJPV also recalls the doctrine of the Supreme Court (TS) to justify its decision in a ruling that is not final and subject to appeal before the Social Chamber of the supreme.
Source: EITB
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
