The Navarre High Court of Justice has confirmed the dismissal of a worker who extended his vacation for 17 days without permission

The Social Division of the High Court of Justice of Navarre (TSJN) has confirmed the dismissal of a worker who did not attend work for 17 days without leave or justification, after the end of the holiday period established by the company, and who remained abroad.

The judgement confirms the decision handed down last February by Section 3 of the Social Division of the Pamplona High Court, which is subject to appeal to the Supreme Court in cassation for the unification of doctrine.

He finished his vacation and didn't go back to work.

The carpentry company detailed the holidays of all the workers in an annual calendar, which was made available to all the staff in the locker room.

In 2025 the summer holidays were established from 7 to 18 July and from 18 to 29 August. The worker, as a pawn, went on holiday on 8 July and did not return until 11 August.

On the 21st of July the corresponding holiday period ended, but the worker did not return to work, and the next day the company opened a punitive file and tried to contact the worker, but failed to do so.

The absence of the worker caused financial and organisational damage to the company, which was forced to cancel or reject a number of jobs and applications.

The employee alleged that he had agreed with his boss to take his vacation between July 7 and August 12, but the TSJN points out that this leave has not been verified.

Absence of more than three days, very serious misconduct

The Chamber considers the dismissal to be proportionate, since the relevant collective agreement considers the unjustified absence of more than three days from work in the same month to be a very serious offence, in which case the worker was absent from work for 17 days.

The judges add that the seniority of the worker and the lack of prior punishment do not justify the imposition of a lighter penalty in view of the damage caused to the enterprise and the seriousness of the offence.