Spanish Mechanic Fired for Lateness Wins Reinstatement or Compensation Case

A mechanic in Spain, dismissed after accumulating 63 instances of tardiness, has been ordered reinstated by the Basque High Court of Justice. The court deemed his termination disproportionate, considering the brief duration of most delays and his nearly decade-long tenure with the company.

The employee, who had worked for the company since June 15, 2015, received a written warning on March 20, 2025, after 48 instances of lateness, 16 of which exceeded five minutes. Between March 21 and May 23, 2025, he incurred an additional 15 instances of tardiness. The company also cited a significant drop in his performance in 2025 compared to the previous year and a colleague in a similar role.

However, the court found the company's justification for dismissal insufficient. While acknowledging the 15 new instances of lateness, the court emphasized that the harshest penalty, dismissal, should be reserved for offenses of "particular gravity and significance." The delays were short, with many lasting between two and four minutes and none exceeding 10 minutes. The court also ruled in favor of the employee regarding the performance decline, stating the company failed to prove it was voluntary or intentional.

Consequently, the Basque High Court of Justice declared the dismissal unlawful. The company now faces a choice: reinstate the mechanic under the same conditions, including back pay for the period of his dismissal, or provide him with compensation amounting to €27,412.53. This ruling can still be appealed to the Supreme Court.