The High Court of Justice of the Balearic Islands considers that there was no harm to the company or intent to conceal, and describes the penalty as disproportionate. In Spain, leaving a tip is not a legal obligation. It is a voluntary practice, common especially in the hospitality sector, where customers can express their appreciation for good service.
However, this seemingly positive gesture can lead to labour disputes when not managed in accordance with company protocols. This is precisely what happened to a worker at a well-known nightclub in Ibiza, whose dismissal over a tip ended up in court, with an unexpected twist.You may be interested in:Waiter dismissed for a customer review accusing him of reusing an uneaten appetiser and serving it to her: ‘Terrible service, we won’t be back’
A tip, a dismissal and a legal battle
The protagonist of this case is an employee with 15 years’ service at the establishment, who worked as a cashier on a permanent contract with a daily wage of £65.15. According to COPE, the events took place in the summer of 2019, when a VIP customer asked to leave a tip of £200. The employee, according to her version of events, modified the receipt at the request of the maître d’, a senior figure in the restaurant’s hierarchy.
However, this gesture was not well received by the management. The company considered that modifying the receipt without informing her superiors constituted a very serious offence, as it involved the deliberate concealment of information, which could lead to a cash register discrepancy. They also argued that the incident could damage the establishment’s image. Just a few days after the incident, on 2 July 2019, the employee was summarily dismissed.
From the sanction to the Supreme Court ruling
Dissatisfied with the company’s decision, the employee took legal action, claiming that the dismissal was null and void or, failing that, unfair. She argued in her defence that she had acted without financial gain, simply following the maître d’s orders, and with no intention of harming the business. She also requested compensation for moral damages.
However, the Ibiza Labour Court No. 1 initially ruled against her. At first instance, the judge upheld the company’s position, considering the dismissal to be justified. He argued that the employee’s actions constituted a very serious offence under Article 54.2 of the Workers’ Statute and that her conduct violated contractual good faith.
The story, however, did not end there. The female worker decided to appeal to the High Court of Justice of the Balearic Islands (TSJ), which finally overturned the initial ruling. According to the TSJ’s ruling, although it was recognised that there had been an administrative irregularity, there was no financial loss either to the customer, who paid a total of 2,000 euros, including the tip, or to the company. Furthermore, the Chamber emphasised that there were no disciplinary records in the employee’s file and that she had acted on the instructions of a superior.
Another key point in the TSJ’s ruling was the lack of evidence that the tip had been forced or that there had been a clear attempt at malicious concealment. In the court’s opinion, the dismissal was clearly disproportionate to the events that had occurred.
The Supreme Court sets limits on disciplinary dismissals: they cannot be carried out without the worker having the opportunity to defend themselves.
The court therefore concluded that the dismissal should be classified as unfair.
Consequently, it ordered the company to compensate the worker in accordance with Article 56 of the Workers’ Statute. This ruling not only gives the affected party some breathing space, but also sends a clear message to the hospitality sector: administrative irregularities must be assessed within their context, taking into account personal circumstances, the real impact of the act and the proportionality of the sanctions.
