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BGI Spain - Dismissal for unfair competition from whoever provides the same services as their employer and is advertised on Facebook

It is appropriate to dismiss for breach of contractual good faith of the worker who, with the company's uniform, provides private labelling and advertising services. Services whose own account also advertises on Facebook. All this constitutes unfair competition, prohibited in its contract and in the applicable agreement.

Francisco Guijarro

Date 17/06/2019

 STSJ Murcia 13-2-19, EDJ 519990

It is confirmed in supplication the ruling of dismissal issued in the instance, on the understanding that it has performed work that involves unfair competition, which was expressly prohibited in the contract of the worker and in the enforcement CCol.

1. Failed to change the proven facts, in particular that the dismissed worker was advertised on Facebook to perform on their own the same activity that performs for your company, because no expert report or documentary evidence that highlights the error of the judge in the evaluation of the test.
2. It is not proven that the work described in the letter of dismissal and rendered with the company's uniform had been carried out by way of friendship or good neighbourliness, since they imply not only the necessary activity for the installation, but also the contribution of materials that can not be presumed made for free. Especially if it corresponds to the activity offered on Facebook. For what is understood that they were paid.

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