Primark’s sacking has reignited the silent resignation debate. After twelve years of service, the Andalusian employee loses his job due to unjustified absence from work. Justice upholds dismissal without compensation.
After twelve years of working for a company, some employees think more about asserting their rights than fulfilling their responsibilities.
An employee of the famous Primark store chain tried to force the clothing giant to fold. But in the end, the Spanish courts ruled in favor of the company.
Having worked in a store in Malaga (Andalusia) since May 2012, this employee was on sick leave from January 3 to April 9, 2024. Therefore, his return to work was scheduled for April 10 with a supporting medical certificate. Except that he did not show up for work that day, as well as on the following days… And all this without justifying his absence or notifying the employer.
Eight days later, Primark sent him the first email, then ignored it, initially treating the absences as unused weekends, then increased his speed and sent two registered letters, dated 25 and 29 April.
Justice
Thus, on May 10, the employee’s departure was reported to the Spanish Social Security Service. And on May 13, he received another letter asking him to come and collect the balance from any account. However, to everyone’s surprise, the employee finally returned with a letter challenging the dismissal.
The case went to trial. And in the court of Malaga, the employee won the case, after which the court found that the employee did not provide any evidence of receiving registered letters. “It was therefore impossible to conclude that there was a clear intention to terminate the employment contract through specific actions. Consequently, it obliged Primark to reinstate the employee or pay him compensation in the amount of 21,857.36 euros,” write our colleagues from Noticias Trabajo.
But Primark is appealing the decision. And in the High Court of Andalusia, the absence “neither isolated nor accidental” led to voluntary resignation. Then the employee could say goodbye to his contract and severance pay. Or maybe this is just goodbye, since he can always appeal to the Court of Cassation.