Are verbal abuse and physical attacks to the employer cause for dismissal?

Comment on Ruling 312/2008, of the High Court of Justice of Andalucía/Granada, of 3 June

Abstract

Disciplinary dismissal. Verbal abuse and physical attacks. When the employee was about to be given his letter of dismissal, guessing the content of the document, began to hurl insults against his speaker throwing karate kicks to the air. Inadmissibility. The behavior attributed to the employee is not so serious to constitute, by its own, a cause for dismissal, being mitigated by the situation and the context, all of that without prejudice to the fact that his behaviour could lead to a disciplinary measure according to its seriousness.