In a recent ruling, the Superior Court of Justice of Castilla-La Mancha has ruled in favor of a former employee of the Spanish supermarket chain Mercadona, who was fired in July 2023 for eating a single croquette destined to be thrown away. The court upheld an earlier ruling by a lower court in May 2024, which found the dismissal unfair.
The controversy arose as a result of the company’s strict policy, which prohibits employees from consuming any product found in the store without paying. The incident occurred outside of public service hours, when the croquette, which was part of a package destined for the trash, was consumed. Mercadona argued that the employee breached its regulations and appealed the initial resolution.
However, the high court rejected the appeal, highlighting the prevalent practice among workers of consuming “ready-to-eat” food that was meant to be thrown away. Importantly, the court highlighted that the worker ate only one kibble, not the entire package, and that the item in question would not have been resold.
The ruling raises questions about corporate policies on food waste and employee conduct. It also highlights the broader issue of food disposal practices in supermarkets, an issue increasingly scrutinized by environmental advocates and workers.
For Mercadona, one of the leading companies in the supermarket sector in Spain, the court’s decision serves as a reminder of the necessary balance between the application of company policies and recognition of the realities of workplace practices. On the other hand, the worker’s claim highlights the importance of proportionality in disciplinary actions.
This case adds to a growing global conversation about sustainability and corporate responsibility in the food retail sector, where the line between following the rules and tackling food waste remains a gray area.