Illicit evidence in the labor process. Its effects on dismissal

Abstract

This paper delves into the thorny issue of the effects of unlawful evidence in labour proceedings, especially in dismissal proceedings. This is a controversial issue that has led to opposing positions in judicial doctrine, using the same legal sources as a basis for their arguments, which has made us wait for a higher court to decide on the matter that would unify this doctrine. The Constitutional Court could have done so in STC61/2021 and, nevertheless, opted for a Solomonic judgement that leaves the final decision in the hands of the Supreme Court. Throughout this study, both the legal regime of unlawful evidence and the judicial solutions that qualify its effects are analysed in order to advance the Supreme Court’s possible solution.