A Spanish court has ruled against a store that dismissed an employee for consuming a croquette.

Photo Credit ( Greety image )

The decision that a supermarket employee was wrongfully fired for consuming a croquette that was about to be thrown out after not being sold from the deli department of the store has been upheld by a Spanish court.

After the business closed for the day, the employee snarfed down the fried food that was supposed to go in the garbage, which led to his termination in July 2023.

The Superior Court of Castilla-La Mancha recently denied Mercadona, a supermarket company, an appeal of a May 2024 ruling in favor of the worker, according to a ruling seen by The Associated Press on Wednesday.

Employees are not allowed to eat anything from the store unless they have already paid for it, according to corporate rules.

However, the superior court determined that it was standard procedure for employees to nibble on “ready to eat” food items that would be discarded after business hours. In its decision, it also emphasized “the crucial detail that the employee consumed one croquette, rather than a whole package of croquettes,” which was “not going to be put back on sale the following day.”

In May, the lower court ruled that the man should be sent back to work and that the grocery chain should reimburse him for his lost salary, which came to 39,700 euros ($41,800). Now, the higher court has ruled that Mercadona is now required to reimburse the worker for his legal bills, which total 600 euros ($633).

An email from the AP seeking comment on the case was not immediately answered by Mercadona.

The croquette, a common dish in Spain made with ham, chicken, or cod, was not described in the court filings.