Court rules woman dismissed for not working should get compensation

THE Constitutional Court has sentenced a company to compensate an employee for monitoring her computer despite her spending less than 30 per cent of her time working.

The woman was fired because she spent 70 per cent of her time at work on personal matters or doing nothing at all. The company found this out by accessing the content of her computer without her knowledge.

The woman worked for Amadeus Soluciones Tecnologicas when she was accused by colleagues and superiors of refusing to do the tasks requested of her. The company controlled her computer to find out why.

She filed a complaint claiming that her fundamental rights had been violated by controlling her work computer and requested for the dismissal to be annulled while asking for more than €51,400. A court in Madrid ruled in her favour, although ruling put harassment in the workplace and setting the compensation at just over €6,250.

This decision was appealed, and the High Court of Justice in Madrid also ruled that her rights had been violated and but considered her dismissal unfair and refused her compensation.

Following another appeal, the case ended up in the constitutional court which has ruled that the sentence of the Madrid court is contradictory in as much as it admits that monitoring her computer violated her rights, but that the dismissal based on the information obtained was not a violation.

The Constitutional Court has ultimately ruled that the woman’s dismissal was unfair and she is entitled to compensation because her fundamental rights were violated, according to a report in national Spanish daily 20 minutos.

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