Newspaper the Law, Number 9362, 1 of March of 2019
the dismissal of an employee who photographed himself naked at work and later appeared on Facebook
Again to examination the question of if the disciplinary authority of the businessman reaches to conducts committed by its workers at own moments of its personal privacy that are exposed in the social networks.
The worker, office staff in a public company, was dismissed to photograph itself on Facebook naked in the facilities of the center of work, appearing hung the images with a title that alluded to the name of the company.
It is certain that the employee took photographies naked in the bathroom from the work center, but did it outside its labor schedule and in a space of absolute privacy, in which their fundamental rights to the privacy and the own image prevail, reason why this fact does not only constitute illicit labor a deserving one of the dismissal sanction.
As far as the diffusion of the images in the page of Facebook mentioned, it does not consist proven that outside the worker who hung them; on the contrary, because a denunciation in via penitentiary by the publicity given to the photographies and the text inserted in the same interposed the worker, ordering to an agency of investigation finding out the possible channel by which they were obtained, and of the all this company had knowledge.
Discarded that the lack is deserving of disciplinary dismissal, the TSJ Andalusia in sentence 3598/2018, of 13 of December (rec. 3763/2017) confirms the instance sentence that declared the inappropriateness of the dismissal.
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