Carrefour Employee Fired for Birthday Pastries Wins Major Legal Battle, Awarded €105,000

A Carrefour employee, who was dismissed after an incident involving the purchase of pastries for his colleagues' birthday, has been awarded approximately 105,000 euros in compensation. The incident, which occurred on October 4, 2023, involved the employee purchasing bakery items totaling 68.82 euros. Due to a cashier's error, he was initially charged only 10 euros. Upon being informed of the discrepancy a few days later by human resources, the employee promptly paid the remaining 58.59 euros and requested no reprisals against himself or the cashier, citing a human error. Despite rectifying the payment, Carrefour proceeded to dismiss the employee for 'disobedience and transgression of contractual good faith'. The company's internal policy reportedly prohibits employees from consuming or using products within the store without prior payment, even outside working hours. However, the employee appealed the decision, and the High Court of Justice of Galicia ruled in his favor. The court found that the employee's actions did not reveal a 'conscious intention to appropriate products'. Instead, it was determined to be a combination of a cashier's error and the employee's subsequent payment of the difference. Crucially, the court also noted that the company had previously tolerated similar conduct on other occasions without disciplinary action, including for the employee's own prior birthdays. Furthermore, it was highlighted that the employee had a modified work schedule for ocular health reasons, which he had sought to extend. The court deemed Carrefour's dismissal disproportionate to the employee's actions, leading to the substantial compensation payout.

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