Changes in disciplinary dismissals: The importance of proper business justification
Disciplinary dismissal is one of the most sensitive decisions in a company's labour management. It is a measure that allows the employment contract to be terminated when the employee commits a serious and culpable breach, but it requires strict compliance with the requirements established by labour legislation.
In Spain, the Workers' Statute establishes that disciplinary dismissal must be based on conduct such as repeated absences or tardiness, indiscipline or disobedience, breach of contractual good faith, or continued and voluntary decline in work performance.
One of the most frequent errors in disciplinary dismissal proceedings is the lack of adequate documentary justification. The courts analyse in detail whether the company has correctly proven the facts that led to the dismissal.
In this regard, it is essential that the company has sufficient evidence, such as internal reports, previous communications, disciplinary warnings or incident records. The absence of such evidence may result in the dismissal being declared unfair.
When a judge considers that the dismissal is not sufficiently justified or that the formal requirements have not been met, the company may be forced to choose between reinstating the employee or paying compensation.
For this reason, seeking specialised legal advice before taking disciplinary action can prevent problems later on. A prior analysis of the situation allows the available evidence to be assessed, the dismissal letter to be reviewed and the procedure to be ensured to comply with current regulations.
