This Ruling confirms the legitimacy of the dismissal of the general director of the company, who had an executive management contract, for the nature of the irregularities committed and the seriousness of the violation of inherent duties in the position occupied by the employee. The behaviour in question involved deceiving the company with regards to his academic qualification that constituted the basis on which he was hired, and for having carried out company expenses which were justified to accounting by the employee in an irregular manner, in order to conceal them from the Tax Administration. This ruling clarifies that the deceptions made in the curriculum, which contained many false academic merits such as a university degree and a Masters, may cause a serious infringement of the good faith in the contract and thus convert itself into a reason for dismissal.
It is true that the Ruling indicates that the company could have been be more thorough in checking the authenticity of the employee’s curriculum, however the important issue here is the deception of the employee, thus the failure of the company to demand proof of the supposed qualifications is not comparable to agreeing to a situation knowing that you are being deceived.
For further information, please contact Ana Gómez Hernández: [email protected]