High Court of Justice of Navarre Upholds Dismissal in Unauthorized Absence Case

The High Court of Justice of Navarre upheld the dismissal of an employee who was absent from work for 17 days without justification or authorization. The company, which performs carpentry work, had established a collective holiday schedule that the employee was familiar with. The employee traveled to Ecuador, and the company stated it suffered organizational and financial losses because it was forced to suspend and turn down work and commissions during the absence. The court found that the dismissal was proportionate, as the absence exceeded the threshold for a very serious offense.

The ruling establishes a legal precedent regarding unauthorized absence and disciplinary action within the company. The court noted that the worker's length of service and lack of prior disciplinary measures did not justify a lesser penalty given the damage caused. This decision impacts the standards for labor risk and penalties for unauthorized leave.

A petition was filed against a judgment issued by the high court.