SANTANDER shop assistant sacked for Covid violations when she refused to wear a mask
The decision of a supermarket owner to dismiss a member of staff for breaching coronavirus regulations and behaving in an aggressive manner has today, February 5, been upheld by the Social Court In Santander, northern Spain. The court agreed that the employee’s behaviour “must be framed within the very serious offenses” in order to understand the circumstances of her dismissal.
The court heard that, in May 2020, a customer commented that the staff member, who worked behind the supermarket’s fishmonger counter, wasn’t wearing her mask correctly – it wasn’t covering her nose. When the employee in question responded that the customer was not a police officer, and therefore couldn’t tell her what to do, she was complained to the manager. When the store manager, along with the aggrieved customer, approached the clerk, she allegedly threatened: “If you want, we can fix it on the street, without a uniform.”
Following the incident, the supermarket sacked the employee in June, accusing her of breaching safety regulations and acting in a disrespectful way towards customers and her employer.
The employee disputed her dismissal as “disproportionate” but her case was thrown out by the court, who agreed with the employer that “given the entity of the facts presented, the origin of the plaintiff’s dismissal must be declared, which is estimated to be proportional to the action of the same”.
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