The High Court of Justice of the Basque Country has declared the dismissal of a car dealership mechanic in Vitoria-Gasteiz unfair despite his accumulating 63 late arrivals over five months, ruling the termination disproportionate.
The court, known as the TSJPV, overturned a lower court judgment and ordered the employer to either reinstate the worker on his original contract terms or pay him 27,412.53 euros in compensation.
The employee had worked at the Vitoria-Gasteiz car repair shop since June 2015 as a second-class mechanics officer, earning a gross monthly salary of 2,526.66 euros. His duties included vehicle maintenance, diagnostic work, mechanical and electronic repairs, and preparing new and used cars for customer delivery.
Disciplinary warning and repeated tardiness
Trouble began when company management issued the worker a written reprimand on March 20, 2025, after logging 48 unpunctual arrivals between January and March. Of those initial infractions, 16 involved delays of more than five minutes.
The tardiness continued after the warning. Between March 21 and May 23, the mechanic arrived late 15 more times, bringing his total number of delays to 63 across the five-month span and prompting management to initiate formal disciplinary proceedings.
Allegations of declining workplace productivity
Management also accused the worker of a voluntary and continuous decline in job performance, citing data recorded by the workshop management system.
According to company figures, the employee's efficiency dropped from 74 percent to 69 percent between 2024 and 2025, while his overall productivity fell from 60 percent to 50 percent. The dealership noted that his performance metrics placed him below the only colleague who carried out identical mechanical duties in the workshop.
On May 30, 2025, the company formally terminated his employment under disciplinary dismissal provisions. Management argued he committed two very serious infractions listed in the collective bargaining agreement for the iron and steel industry of Álava: repeated unpunctuality and a voluntary, continuous decrease in performance.
Legal appeals and high court ruling
The worker challenged his termination before the Social Court of Vitoria-Gasteiz, which initially ruled in favor of the company and found the dismissal justified. The mechanic then appealed the judgment to the TSJPV.
The appellate court found that the company had followed proper administrative procedures, noting the dismissal letter outlined the charges clearly enough for the employee to mount a defense.
However, the judges determined that firing the mechanic was excessive and disproportionate to the severity of the offenses. They pointed out that many of the 15 delays following the initial reprimand were only a few minutes long, and none exceeded ten minutes.
The magistrates ruled that the employer could not use the earlier 48 delays to justify a harsher penalty because those infractions had already been penalized with the written warning. They stated that less severe disciplinary measures were available under the regional collective agreement, such as a temporary suspension of employment and pay lasting between 21 and 60 days.
Unproven performance claims and final order
The court also rejected the employer's claim regarding reduced performance. While acknowledging workshop records showing a drop in output compared to earlier years and to his coworker, the judges stated management failed to prove that the decline was deliberate.
Having upheld the mechanic's appeal and declared the dismissal unfair, the court gave the dealership a deadline of several days to decide whether to reinstate him under the same conditions or pay the 27,412.53 euros compensation to end the employment relationship.
