Court upholds dismissal of funeral driver in Tenerife after wrong body taken to wake
The Supreme Court of Justice of the Canary Islands (TSJC) has upheld the dismissal of a driver at an undertakers in Tenerife, after he took the wrong body to a wake, describing the incident as a “very serious” breach due to the emotional harm caused to the grieving families involved.
The case centres on an incident in late December 2023, when the employee mistakenly collected and delivered the incorrect deceased person from Hospital Universitario Nuestra Señora de Candelaria to a wake in Güímar. The error led to significant distress for relatives, who were already in a highly sensitive period of mourning.
Court backs company decision
The ruling confirms the company’s original decision, taken on 18th January 2024, to dismiss the driver on disciplinary grounds. Judges emphasised the severe emotional impact such mistakes can have, particularly in the context of bereavement.
According to the court, the funeral sector demands strict adherence to procedures, given the trust placed in professionals handling such delicate situations.
Failure to follow basic checks
The funeral company argued that the employee breached both its ethical code and internal protocols by failing to properly verify the identity of the deceased. Standard procedure requires staff to check identification bracelets or official documentation before any transfer.
On this occasion, after crossing paths with a colleague at the hospital, the driver skipped the required checks. As a result, the body intended for Güímar was later redirected to Guía de Isora, causing further disruption and distress to a second family.
Family complaint led to dismissal
When the correct body eventually arrived at its intended destination, funeral staff were met with understandable anger from relatives, who lodged a formal complaint. This complaint ultimately led to the driver’s dismissal.
The company described the negligence as unacceptable and incompatible with the level of professionalism expected in funeral services.
Driver argued penalty was excessive
The employee challenged the dismissal, arguing that the sanction was disproportionate and that a warning or temporary suspension would have been more appropriate. He maintained there was no intention to cause harm and attributed the mistake to reliance on a colleague, as well as initial reluctance from family members to view the body.
However, the court ruled that the seriousness of the error outweighed these arguments, stressing the need for absolute diligence in such a sensitive profession.
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