He is fired for a TikTok video in which he criticized the hotel where he worked

PalmaA video published on TikTok while working has resulted in the dismissal of a waiter from a hotel in Ibiza. The High Court of Justice of the Balearic Islands (TSJIB) has confirmed that the company acted correctly in terminating his contract after he disseminated images showing the establishment's internal payment system and criticized both its prices and wages.

The events date back to May 2024. The worker, an employee of Fiesta Hotels & Resorts, recorded himself during his working hours with his mobile phone and published the video on TikTok. The recording showed the internal payment system for room service (POS) and stated that a coffee cost the company about 20 cents, but was sold for five euros. It also stated that workers were paid "only 1,400 euros" there.

The company dismissed him for disciplinary reasons, and the waiter challenged the decision. He argued that the penalty was disproportionate, that the video did not expressly identify the hotel, that it had not caused any real harm, and that the dismissal notice had formal defects. However, neither the Social Court number 1 of Ibiza nor now the TSJIB have ruled in his favor.

The Court considers it proven that the video was recorded during working hours and at the same workplace. It also highlights that an internal system for the exclusive use of the hotel appeared in it, which made it possible to identify the company even though its name or logo were not visible.

The magistrates also reject that it is necessary to demonstrate direct economic damage. They understand that disseminating images of the company's internal operations and messages that could damage its reputation constitutes a serious breach of contractual good faith and breaks the trust between employee and company.

For these reasons, the court confirms the first-instance judgment and upholds the disciplinary dismissal. The resolution is not final and can be appealed in cassation before the Supreme Court.