A ruling by the Supreme Court of the Basque Country in the case of a security guard fired for missing work, believing he was entitled to vacation, has sent a concerning message to all private sector employees. Now, even minor violations of vacation approval procedures can result in job loss and loss of compensation. Judicial practice is shifting, and the consequences for employment relations are becoming increasingly significant.
At the center of the dispute was a security staff member who failed to report for seven consecutive shifts in August. He believed he was following the previously approved vacation schedule, even though the employer had changed the vacation dates a month before the planned leave. The company viewed this as gross misconduct and dismissed the employee for unauthorized absence, citing the sector’s collective bargaining agreement.
Schedule changes
The situation was complicated by the fact that the original vacation schedule had been approved in December of the previous year. However, in the summer, the employer revised the dates without observing the two-month notice required by law. The employee ignored the new conditions and decided to take vacation according to the old schedule without informing management. This led to his dismissal for disciplinary reasons.
Initially, the court of first instance in Vitoria-Gasteiz ruled in favor of the employee. The judge declared the dismissal invalid, ordered the company to reinstate the worker, and awarded €7,501 in moral damages. The decision was based on the employer’s violation of procedures for changing leave and infringement of the worker’s rights.
Employer’s appeal
The employer disagreed with the ruling and filed an appeal. The Supreme Court of the Basque Country reviewed the case and reached an opposite conclusion. The judges acknowledged that the company had indeed missed the notification deadline, but emphasized that the worker had no right to unilaterally stop coming to work. According to the court, he should have challenged the schedule change through official procedures rather than taking leave on his own.
As a result, the court overturned the reinstatement and compensation order, deeming the dismissal lawful. One of the judges issued a dissenting opinion, arguing that the employer’s actions did not justify such harsh measures. However, the majority supported the importance of maintaining workplace discipline.
Implications for employees
This decision has set a precedent that could affect similar disputes in the future. Now, workers facing changes to their leave schedule must act strictly according to the law and seek recourse through the courts or labor inspectorate, rather than making unilateral decisions. Otherwise, they risk losing their jobs without the right to compensation.
According to Talent24h, the case is not yet fully resolved — both parties still have the option to appeal the decision to the Supreme Court of Spain. For now, the situation highlights how important it is for both sides to follow formal procedures and avoid taking matters into their own hands.
In recent years, Spain has seen a rise in labor disputes related to changes in vacation policy. For example, in 2024, a similar conflict in Madrid ended with the employee being reinstated, but only after a lengthy investigation and union intervention. Such cases show that even minor errors in vacation paperwork can lead to serious consequences for both parties. Employers and workers are increasingly turning to legal professionals to avoid litigation and financial losses.
