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Disrespect, offensive language and cliquenness led to issues at a Burger King fast food restaurant in Spain's Catalonia region, which finally ended up in court. A former employee, who worked as a manager between 2016 and 2023, was dismissed by the company for using derogatory language towards one of her subordinates, who issued a complaint to Burger King. The former manager appealed the dismissal, which the High Court of Justice of Catalonia ruled unfair, ordering the company to either reinstate the employee or pay her a compensation of 15,001 euros.
Issues started to arise when the former manager was replaced by another colleague. Tensions started to grow between the Burger King restaurant staff, which ended up forming two cliques: one in support of the former manager and one in support of the new one. However, according to one of the members of the new manager's clique, the fast food restaurant suffered from injustice and hatred when her former employee was in charge. In her letter, the woman said that she had felt "despised and undervalued by some of her colleagues and managers". She also reported "lack of respect, insults, contempt, lack of punctuality, poor service and contemptuous treatment" given by the previous manager, who had also called her "a whore" and told her to "hit the gym, you're fat".
Through the security cameras, the company saw how the former manager regularly neglected her work duties to go out for a smoke with the employees that she sympathised with. Ultimately, Burger King sent the former manager a letter of dismissal on disciplinary grounds and breach of trust and contractual good faith.
The dismissed employee appealed to a court of Barcelona, which upheld her claims and declared the dismissal unjustified. The court cited discrepancy between facts as the reason behind its decision to rule the dismissal unfair.
Burger King then filed another appeal, but the High Court of Justice rejected it. The ruling stated that the dismissal letter was "too generic and the sanction disproportionate", as the company did not carry out a sufficient investigation to verify the accusations.
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