In a recent ruling, the Superior Court of Castilla-La Mancha sided with a former employee of the Spanish supermarket chain Mercadona, who was dismissed in July 2023 for eating a single croquette destined for disposal. The court upheld an earlier decision by a lower court in May 2024, which deemed the dismissal unjustified.
The controversy stemmed from the company’s strict policy prohibiting employees from consuming any products found in the store without payment. The incident occurred after store hours when the croquette, part of a package slated for the trash, was consumed. Mercadona argued that the employee violated its regulations and appealed the initial ruling.
However, the superior court rejected the appeal, highlighting the prevalent practice among workers of consuming “ready-to-eat” food items that were earmarked for disposal. Importantly, the court emphasised that the worker ate only one croquette, not the entire package, and that the item in question would not have been resold.
The ruling raises questions about corporate policies surrounding food waste and employee conduct. It also casts a spotlight on the broader issue of food disposal practices in supermarkets, a topic increasingly scrutinised by environmental and labour advocates.
For Mercadona, a leading name in Spain’s supermarket industry, the court’s decision serves as a reminder of the balance required between enforcing company policies and acknowledging the realities of workplace practices. Meanwhile, the worker’s vindication underscores 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 adhering to rules and addressing food waste remains a grey area.
