Philenews

Court Rules Dismissal of Night Auditor Unlawful – “No Proof of Sleeping on the Job”

Published March 22, 2026, 17:14
Court Rules Dismissal of Night Auditor Unlawful – “No Proof of Sleeping on the Job”

The Court of Appeal rejected the appeal of a hotel company and upheld the original decision that ruled the dismissal of a night auditor unlawful. The company had dismissed the employee in 2012, alleging he was sleeping on the job, but failed to prove the claim. The Court ruled that the company did not act as a “reasonable employer” and did not provide sufficient evidence to support its claim. The company had presented letters as warnings to the employee, but the Court of Appeal dismissed them as unreliable. Furthermore, the Court of Appeal disagreed with the company's claim that the employee had admitted his behavior through a letter. Instead, the court ruled that the letter contained a complete denial of the allegations and that the reference to “relaxation” did not equate to an admission of sleeping on the job. The Court of Appeal upheld the original decision, which obligates the company to pay the employee expenses of €2,400 plus VAT. The decision highlights the importance of proving allegations in labor disputes and the need for swift justice in cases where the livelihood of employees is at stake.