A simple payment receipt has in recent days become the centerpiece of proceedings for moral and material damage in the Basque Country. On two consecutive paychecks, the company where the employee worked included the word “Zumbada” – a term meaning “crazy” or “wild” – in the field for the payee’s name. The case gained importance not only because of the seriousness of the crime, but also because of the personal context: the employee’s ex-husband was one of the company’s partners.
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According to the decision of the Superior Court of Justice of the Basque Country (TSJPV), the worker carried out administrative functions in the company of her ex-partner, while facing a complicated divorce and a dispute concerning the custody of her disabled son. During that time, he received two paychecks with the offensive term. The situation was reported by her in the program “Y ahora Sonsoles”, presented by Sonsoles Ónega, on July 27, when she explained that initially there was a trial for light defamation, in which the other partner, Iñaki, took responsibility.
Judicial decision and technical analysis
The employee returned to court alleging she suffered psychological harassment, arguing the receipts amounted to humiliating treatment in the workplace. In July, however, the employment tribunal rejected this theory, finding that, although serious, the episode constituted an isolated incident and did not meet the criteria of repetition necessary to characterize harassment. This interpretation was reinforced by labor lawyer Juanma Lorente, who, in a video posted on her Instagram profile, explained that this behavior constituted a breach of contract and not harassment, since it did not occur repeatedly over the months.
Despite this, the Superior Court of the Basque Country overturned the previous decision on October 25. For the magistrates, the use of a derogatory term in official documents violated the worker’s right to honor. The sentence emphasizes that the inclusion of infractions in the pay slips “undermines the dignity of the worker and goes against the fundamental principles of respect”, also emphasizing that the receipts were manipulated by employees of the financial institution, which increased the damage caused to the image of the employee.
As a result, the TSJPV ordered the two partners of the company, including her ex-husband, to pay €10,000 (approximately R$61,800) for damage to the worker’s reputation. The case also reignited the debate on abusive practices in the workplace. In 2024, a similar situation occurred when a baker included the phrase “April Pay for ‘Faggots'” on an employee’s paycheck, which also resulted in a conviction and seizure of assets to pay compensation.
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