Validity of disciplinary dismissal for breach of working hours and abusive use of mobile devices

 

The Social Court of the Superior Court of Justice of the Canary Islands has issued a judgment of special relevance for the business fabric, confirming the validity of the disciplinary dismissal of an employee based on systematic breach of working hours and abusive use of personal mobile devices during working hours. This ruling upholds a previous judgment and dismisses the employee's appeal, validating the company's ability to sanction behaviors that violate good faith in contracts.

One of the fundamental pillars of the ruling is the analysis of time spent on entertainment and personal communication applications. The company's internal investigation showed that the employee spent an average of one hour and six minutes daily checking social networks like Instagram and WhatsApp. This behavior explicitly violated the fourth clause of her employment contract, which prohibited the use of personal mobile phones except in justified emergency situations. The court considers this practice not a minor incident, but a violation of internal rules accepted by contract.

In addition to technology use, the judgment focuses on effective work time management. It was proven that the employee unduly extended breakfast or lunch break periods, often exceeding the stipulated times and even recording absences of up to 45 minutes. These instances of tardiness and job abandonment were deemed clear evidence of negligence and lack of interest in her professional responsibilities.

The judicial resolution concludes that the errors detected in task execution were not isolated incidents, but a direct consequence of lack of involvement. By confirming the dismissal, the TSJC emphasizes that this measure is proportionate when there is evidence of job abandonment and violation of the organization's operational guidelines.

This judicial ruling represents a critical endorsement of labor discipline and productivity in the company. The judgment makes it clear that respect for work schedules and compliance with contractual clauses regarding the use of devices are essential elements for the viability of any entity. For the employer, this case emphasizes the importance of having well-defined contracts and control systems that allow the identification of operational inefficiencies before they impact the profit and loss statement.