BARCELONA – A Spanish court has upheld a ruling that a supermarket worker was unlawfully fired for having eaten a croquette that was going to be thrown away after not having been sold from the store’s deli section.
The worker was fired in July 2023 after he had snarfed down the fried snack, which was destined for the trash after the store had closed for the day.
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In a verdict that The Associated Press saw on Wednesday, the Superior Court of Castilla-La Mancha recently rejected an appeal by the supermarket chain Mercadona of a decision by a lower court in May 2024 in favor of the worker.
The company’s policy is that workers are prohibited from consuming any product found in the store without having paid for it previously.
But the superior court found that it was common practice for workers to snack on “ready to eat” food products that were going to be thrown away after closing hours. In its ruling, it also insisted in “the important detail that the worker didn’t eat an entire package of croquettes, but instead one single croquette” that was “not going to be put back on sale the following day.”
The lower court ruling in May determined that the worker be reinstated to his job and that the supermarket chain pay him 39,700 euros ($41,800) in lost wages. The higher court has now added that Mercadona also must pay the worker 600 euros ($633) for his legal fees.
Mercadona did not immediately respond to an email from the AP asking for comment on the case.
The court documents didn't indicate the flavor of the croquette, which in Spain is a popular food typically made from ham, chicken or cod.