The High Court of Justice of the Canary Islands (TSJC) has upheld the disciplinary dismissal of a hotel worker who, after an argument with a superior during his workday, uttered the phrase "see you at four," which was considered by the company and ultimately by the court to be an intimidating threat. The ruling overturns the previous decision of the Social Court No. 5 of Las Palmas de Gran Canaria, which had declared the dismissal unfair.
The worker, who provided services as a sector manager in the dining room and bar at an establishment managed by a company based in the region, had maintained an employment relationship with the company since 2015. His position involved coordination and supervision of the service, with direct responsibility for other employees, within the framework of the provincial hospitality agreement.
The events that led to the termination of the contract occurred at the end of October 2024. According to the established facts, the employee entered a shared office while one of his superiors was on a phone call. The verbal exchange escalated, and the employee initially refused to leave the room, creating a tense situation that required the intervention of a union representative as a witness.
During that confrontation, the employee uttered the phrase that sparked the disciplinary conflict. The company interpreted the expression as a threat directed at his superior, especially relevant given the context of the confrontation and the existing hierarchical relationship between them.
The dismissal letter was not limited to this specific incident. Company management framed the incident within a pattern of behavior they described as persistent and disruptive, citing a loss of engagement in work, disobedience of instructions, public questioning of management decisions, and a continued defiant attitude that, in their view, had damaged the work environment. Previous disciplinary actions were also mentioned, as well as an internal complaint of harassment that was dismissed after investigation.
Initially, the Labor Court ruled that the company had not sufficiently proven the seriousness of the alleged actions. The court held that the disputed statement could not automatically be classified as a serious threat and that the remaining complaints lacked the necessary specificity regarding dates and behavior, therefore declaring the dismissal unfair.
The High Court of Justice of the Canary Islands has adopted a different approach in resolving the appeal filed by the company. The Court emphasized that the assessment of the conduct must be made considering the context in which it occurred and the employee's hierarchical position. Within that framework, the expression directed at the superior cannot be considered neutral, but rather a defiant act with a sufficiently intimidating element.
The court concludes that this conduct constitutes a very serious offense, as it violates the respect due in the workplace and disrupts the harmony and normal functioning of the organization. Consequently, it upholds the disciplinary dismissal, thus closing the litigation in favor of the company.
