Son of a bitch – you can't fire me
Thursday 17 September 2009
A court in Barcelona says insulting your boss with one particularly foul obscenity is not grounds for dismissal, insisting the slight is common in arguments in Spain and not that big a deal.
The abuse in question translates as "son of a bitch", and was used by a worker against his boss during a 2008 money dispute in the north-eastern city of Gerona. The worker, who also called his boss "crazy", was promptly fired.
The man lost a first court challenge, but won on appeal with the Superior Court of Justice of Catalonia. The February ruling – reported this week by the Spanish human resources website Carta de Personal – said the worker should either be reinstated in his job or receive €6,483 (£5,770) in compensation. It is not known which option the employer picked.
"Without a doubt, both expressions are insulting," Judge Sara Maria Pose Vidal said in the ruling. But she noted that when the man called his boss crazy, he had been on his way out of the office and the boss did not hear it. She also wrote that the "son of a bitch" remark should be viewed in linguistic context.
"The social degradation of language has caused the expressions used by the plaintiff to become commonly used in certain settings, especially in arguments," Judge Pose Vidal wrote. She described his dismissal as a disproportionate punishment.
The court-provided copy of the seven-page verdict had the names of the employee and company blotted out – a common practice in Spanish court dealings with the media.
- 1 Half of young women unable to ‘locate vagina’ and 65% find it difficult to say the word
- 2 Perez Hilton apologises for Jennifer Lawrence naked photo leak
- 3 A teacher speaks out: 'I'm effectively being forced out of a career that I wanted to love'
- 4 Mexican woman becomes world’s 'oldest person' at 127
- 5 Jennifer Lawrence 'naked sex video' will be leaked threatens 4Chan celebrity photo hacker
Rotherham child sex abuse scandal: Labour Home Office to be probed over what Tony Blair's government knew - and when
What do immigrants really think of Britain? Polish immigrant's Reddit post goes viral
Ashya King: Parents of five-year-old boy refused permission to visit him in hospital and denied bail at Spanish court
With Douglas Carswell joining Ukip, my party has taken another giant step forward
When elitism grips the top of British society to this extent, there is only one answer: abolish private schools
Ukip Douglas Carswell defection: Tory MP jumps ship to join Nigel Farage
£40000 - £50000 per annum + benefits+bonus+package: Harrington Starr: SQL Impl...
£45000 - £55000 per annum + Benefits + Bonus: Harrington Starr: SQL Technical ...
£85000 per annum: Harrington Starr: Head of IT (Windows, Server, VMware, SAN, ...
£55000 - £60000 per annum + Benefits + Bonus: Harrington Starr: Lead C# Develo...