Employee dismissed for repeatedly arriving too early to work!

An unusual case has highlighted the importance of following reasonable management instructions, even where the employee’s intentions may appear positive.

A 22-year-old office worker was dismissed after repeatedly arriving at work around 40 minutes before her scheduled start time, despite being clearly instructed on multiple occasions not to do so. The case was later considered by the Social Court of Alicante (Spain), which upheld the employer’s decision to dismiss her.

The employee’s contracted working hours began at 7.30am, yet she routinely arrived between 6.45am and 7.00am. While arriving early might normally be viewed as commitment or enthusiasm, the employer had made it clear that she was not permitted to attend or attempt to start work before her scheduled hours. She was also instructed not to clock in early, as there was no work available for her to carry out during that period.

Despite repeated verbal and written warnings dating back to 2023, the employee continued to arrive early. Evidence presented to the court showed that she ignored these instructions at least 19 further times. On some occasions, she even attempted to log her attendance through the company’s app before physically arriving at the workplace.

The employer argued that the issue was not the early arrival itself, but the employee’s ongoing refusal to follow reasonable instructions. Management also stated that the behaviour caused disruption and served no productive purpose, particularly as she was unable to perform any duties before her shift began.

The employee challenged her dismissal, arguing that it was unfair and disproportionate. However, the tribunal disagreed, concluding that the dismissal was justified. In its judgment, the court stressed that the central issue was not punctuality or enthusiasm, but the employee’s persistent refusal to comply with clear and lawful management instructions. This, it said, amounted to serious misconduct under Spanish employment law.

While this case was decided under Spanish law, the underlying principle is relevant more broadly. Employees are expected to follow reasonable instructions from their employer, and repeated failure to do so can justify disciplinary action, even where the behaviour might initially appear well-intentioned.

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Employee dismissed for repeatedly arriving too early to work!

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