In an increasingly complex and digitalised labour market that is subject to constant regulatory change, companies face the challenge of managing the mistakes that arise in everyday work without infringing workers’ rights or neglecting their own organisational needs. Not all errors carry the same weight: some can be addressed through training, mentoring or process improvements, whereas others jeopardise safety, service continuity and corporate reputation, or even expose the company to legal liabilities and administrative penalties. The following analysis offers a practical guide for understanding when a mistake attains disciplinary significance and which factors should be assessed before considering a fair dismissal, with particular emphasis on the principle of contractual good faith and the proportionality of corrective measures.
Dismissal is a complex and delicate measure in the labour field. In Spain, it is regulated by the Workers’ Statute, which establishes strict criteria for dismissal to be considered legal. One of the most common questions in this context is whether making mistakes at work can justify fair dismissal. To answer this question, it is essential to understand what is considered unfair dismissal, how the law acts in the face of employment errors and what role contractual good faith plays in these situations.
What is unfair dismissal?
A dismissal is classified as unfair when:
- Sufficient legal cause, such as a serious and culpable breach by the employee, is not established.
- The formal requirements of the procedure, such as the delivery of the letter of dismissal or the respect of the established deadlines, are not respected.
These conditions are regulated in Articles 54 to 56 of the Workers’ Statute.
Can an employment error justify fair dismissal?
One-off error vs. serious non-compliance
Generally speaking, an isolated error in the performance of duties does not in itself justify fair dismissal. Spanish law distinguishes between one-off human error, which is inherent to any job, and repeated or negligent behaviour that may seriously affect the company.
For an error to justify dismissal, aggravating circumstances must be present:
- Frequency: Repeated errors despite warnings or training.
- Severity: Significant impact on the company (financial, legal, security or reputational).
- Lack of diligence or intentionality: When the error reveals neglect of duty, disobedience or disinterest.
In the absence of these elements, the dismissal could be declared unfair by a judge, with the corresponding legal consequences.
Contractual good faith and its influence on dismissal
Contractual good faith is a basic principle in the employment relationship. It is expressly stated in several articles of the Workers’ Statute:
- Article 5(a): The worker must perform his or her obligations in good faith and diligence.
- Article 20.2: Both parties must perform their duties loyally and cooperatively.
- Article 54.2.d): Breach of contractual good faith may be grounds for disciplinary dismissal, provided it is a serious and culpable breach.
What conduct violates contractual good faith?
Examples include:
- Fraud or disloyalty.
- Abuse of trust.
- Unfair competition.
- Concealment of relevant information.
In order for the company to dismiss the employee for this reason, it must:
- Demonstrate non-compliance, its seriousness and culpability.
- Proof of loss of confidence, especially in positions of responsibility.
- Act proportionately, adjusting the sanction to the infringement.
Consequences of unfair dismissal
If a judge declares a dismissal to be unfair, the employer must choose between:
1. Readmit the worker
- Return to the post under the same conditions.
- Payment of processing wages (from the date of dismissal until the judgement).
2. Compensate the worker
- Contracts since 2012: 33 days’ salary per year worked, with a maximum of 24 monthly payments.
- Previous contracts: A mixed formula applies (45 days per year until 12 February 2012 and 33 days thereafter).
Unfair dismissal vs. null dismissal
It is crucial to differentiate between these two figures:
- Unfair dismissal: Failure to prove cause or breach of procedure, but no violation of fundamental rights.
- Invalid dismissal: There is a violation of fundamental rights, such as discrimination, pregnancy, maternity, paternity or exercise of trade union rights.
Invalid dismissal requires the immediate reinstatement of the worker, with payment of processing wages.
Under Spanish employment law, making an isolated and unintentional error does not, by itself, constitute sufficient grounds for fair dismissal. However, if such errors are repeated, have serious consequences or show a lack of diligence, they may justify a disciplinary termination of the contract.
Likewise, contractual good faith is a fundamental pillar of the employment relationship. Its violation, provided it is serious and culpable, may be a legitimate cause for dismissal.
It is therefore essential that both workers and employers have a thorough understanding of their rights and obligations. In the event of any labour dispute, specialised legal advice is key to correctly apply the regulations and avoid legal or economic risks. A culture of transparency and dialogue strengthens conflict prevention and fosters healthier, more productive workplaces for everyone.
At Blegal you will find a trusted legal partner to effectively manage your company’s human capital. We offer close and specialised support, tailored to the needs of each organisation. From recurring services such as payroll, to the design and implementation of complex labour policies or equality plans, we are prepared to help you prevent and resolve any labour-related situation, however challenging it may be.
Finally, understanding in depth the types of dismissal and the differences between fair, unfair and void terminations is not only crucial to avoiding conflict but also to improving labour relations. Both employees and employers should work in an environment built on trust, communication and continuous training, which reduces the likelihood of serious mistakes. Consulting labour‑law experts and keeping up to date with legal changes ensures better decision‑making and adequate protection of both parties’ rights.
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