Post by account_disabled on Mar 12, 2024 10:26:05 GMT
The plaintiff provided services for a transportation company, holding the professional category of traffic manager. Her work was based on managing the transport ordered by the clients, preparing a monthly document that collected information on the service contracted by the clients, specifying, among other data, the purchase price of the service along with the sale price set by the company. .
The employee had a remote work agreement, so Email Data she had the computer and telephone provided by the company, the usual mode of communication being a phone call, email and the wetransnet application , the WhatsApp website for Windows.
The company, without having established criteria for the use of the computer devices made available to the plaintiff to control her activity, reviewed WhatsApp conversations made by the worker with clients in the workplace but of a private nature . From the review of said conversations, the employer obtained evidence that the plaintiff indicated on several occasions to some clients that she would carry more amount than she was going to indicate in the loading order and added: “and you already know 50/50.” . Therefore, in the company's monthly accounts that the worker sent to her manager, different purchase and sale prices appeared.
The company informed him of his disciplinary dismissal. Given this fact, the plaintiff filed a lawsuit against the employer and the Social Court No. 2 of Móstoles partially upheld the lawsuit, declaring the annulment of the dismissal of which the worker was subject for "violation of the fundamental right to the secrecy of communications" , collected in art. 18, section 3, of the Spanish Constitution . Likewise, the ruling sentenced the company to compensate the plaintiff with 10,000 euros for damages derived from the injury to a fundamental right.
The employee had a remote work agreement, so Email Data she had the computer and telephone provided by the company, the usual mode of communication being a phone call, email and the wetransnet application , the WhatsApp website for Windows.
The company, without having established criteria for the use of the computer devices made available to the plaintiff to control her activity, reviewed WhatsApp conversations made by the worker with clients in the workplace but of a private nature . From the review of said conversations, the employer obtained evidence that the plaintiff indicated on several occasions to some clients that she would carry more amount than she was going to indicate in the loading order and added: “and you already know 50/50.” . Therefore, in the company's monthly accounts that the worker sent to her manager, different purchase and sale prices appeared.
The company informed him of his disciplinary dismissal. Given this fact, the plaintiff filed a lawsuit against the employer and the Social Court No. 2 of Móstoles partially upheld the lawsuit, declaring the annulment of the dismissal of which the worker was subject for "violation of the fundamental right to the secrecy of communications" , collected in art. 18, section 3, of the Spanish Constitution . Likewise, the ruling sentenced the company to compensate the plaintiff with 10,000 euros for damages derived from the injury to a fundamental right.