Delays at work: when can it be considered fair dismissal?

 

Compliance with working hours is one of the main contractual obligations of the employee. However, determining when delays or punctuality offenses can justify a dismissal is not always straightforward.

Article 54 of the Workers' Statute establishes that the employment contract can be terminated by disciplinary dismissal when there is a serious and culpable breach by the worker. Among the expressly recognized causes are "repeated and unjustified absences or tardiness at work."

When are delays considered grounds for dismissal

The key lies in the assessment of the terms "repeated" and "unjustified."
Courts analyze each case individually taking into account different factors:

• Repetition of the behavior. An isolated incident is not enough; it must involve frequent or continuous delays.

• Duration of the delays. A delay of minutes is not valued the same as a prolonged absence. However, the accumulation of daily minutes can also be considered serious.

• Worker's fault or negligence. Delays must be attributable to the worker and not to force majeure causes (which must also be duly justified).

• Harm to the company. If the breach affects the production process, customer service, or the organization's image, the seriousness of the offense increases.

Before resorting to dismissal, the company must demonstrate proportionality in the sanction, applying previous measures such as warnings or suspensions of employment and salary if necessary.

Proportionality as an essential principle

Case law insists that the disciplinary sanction must be proportional to the seriousness of the offense. A recent example illustrates this clearly:

The Superior Court of Justice of the Basque Country (TSJPV) confirmed the fairness of the dismissal of the director of a Caixabank branch, considering that the company acted in accordance with this principle.

The court took into account that there had been:

• Repeated and significant delays in the opening of the branch.

• Damages to clients and harm to the corporate image of the entity.

• Unjustified absences on several working days.

• Manipulation of the time control system to conceal delays.

The TSJPV considered that the behavior was repeated and sustained over time, without any justification for the breaches, and directly affected the company's activity, therefore ruling the dismissal fair.

Repeated and unjustified delays can justify a fair disciplinary dismissal if it is proven that the worker's behavior has been constant, blameworthy, and detrimental to the company.
For employers, it is essential to document the breaches, maintain proportionality in sanctions, and act in accordance with internal and legal procedures.