When love sneaks into the office: Is it a reason for dismissal?

 

In a work environment where trust and transparency are essential, a key question arises: can a romantic relationship between an employee and a hierarchical superior justify a disciplinary dismissal?

A recent ruling by the High Court of Justice of the Balearic Islands has answered this question, setting an important precedent for employers and employees.

The case: dismissal due to romantic relationship and other reasons

The company alleged a conflict of interest at work and "abusive conduct" to dismiss an employee, based on three facts:

The employee had hidden a romantic relationship with her boss, which started before her hiring.

She had submitted her daughter's CV for a position within the company.

She had used the company's computer for personal purposes.

The lower court declared the unfairness of the dismissal, ordering the company to reinstate the employee or compensate her. The company appealed, but the High Court upheld the ruling.

Is a personal relationship enough to justify a dismissal?

The court made it clear that the mere existence of a romantic relationship is not, by itself, sufficient cause for contract termination. It was not proven that the relationship caused real harm: no favoritism, no loss of productivity, no financial damage.

Regarding the use of the company's computer, the Court pointed out that this fact did not constitute serious or blameworthy harm. For a disciplinary dismissal to be justified, solid evidence must demonstrate real and direct harm to the organization.

The importance of evidence and the limits of the company

The ruling sets a clear guideline: dismissal due to a romantic relationship would only be valid if it is proven that such a relationship causes an objective and measurable harm. The same logic applies to the misuse of computer resources.

Companies can establish internal rules, but always respecting the workers' right to privacy and providing solid evidence when a disciplinary cause is alleged.

This case serves as a reminder that a conflict of interest at work cannot be presumed, but must be proven. Justice demands rigor from companies: without clear evidence, the dismissal will be deemed unfair.
At Valero Tax Legal, we advise companies on managing sensitive situations such as personal relationships in the company, potential conflicts of interest, or unfair dismissals, always with a preventive and legally secure approach.