A resounding ruling by the Canary Islands High Court of Justice has definitively settled a labor case that has kept the hospitality industry in the south of the island in suspense. The court ruled in favor of a company by declaring the dismissal of a waiter who, during a moment of anger, made serious threats to his superior: "Your company is shit, I'm going to ruin it."
The events that triggered this conflict date back to December 27, 2023, at a restaurant in southern Gran Canaria. A heated argument between a waiter and his superior escalated to the point where the employee left his post, visibly upset. Minutes later, he returned to the establishment alone to pick up his cell phone, and it was at that moment that the situation took a critical turn. The words spoken by the employee, according to the ruling of Investigating Court No. 1 of San Bartolomé de Tirajana, were so explicit that they irreversibly broke the trust essential to maintaining any working relationship.
The company interpreted this statement as a "direct attack on the dignity of the employer and the stability of the work environment," leading to a disciplinary dismissal with retroactive effect to January 11, 2024. The company argued that this was a serious violation of internal regulations and a clear breach of the contractual good faith that must govern all professional relationships.
The waiter, for his part, did not accept the decision. He argued that his words were the result of a "moment of emotional disturbance" and that, although unfortunate, they did not constitute a real threat nor justify such a drastic measure. However, his defense failed to convince the courts.
The case had a unique feature: it was subject to a "double trial." In parallel with the labor proceedings, a criminal case was opened. Investigative Court No. 1 of San Bartolomé de Tirajana classified the statement as a minor offense of threats, a conviction later upheld by the Provincial Court. This criminal verdict added undeniable strength to the company's position.
With the support of this criminal conviction, the company, supported by Social Court No. 10 of Las Palmas de Gran Canaria, upheld the disciplinary dismissal, although it granted the employee outstanding wages and vacation pay. Despite this, the employee filed an appeal, insisting that the punishment had been disproportionate. Finally, the High Court of Justice of the Canary Islands has had the final say, definitively closing the door to the waiter's claim. The High Court of Justice's ruling upholds the dismissal and emphasizes that the words uttered are not compatible with a work environment based on respect and mutual trust, setting a clear precedent regarding the limits of behavior in the professional sphere, especially in the service sector, which is so important in Gran Canaria.
