| AN employee who was fired for attacking an Ecuadorian colleague and telling him to 'go back to his own country' has lost his appeal to be reinstated.
Murcia court heard that the accused drove his car in front of that of the victim and grabbed him by the neck before hitting him around the face and kicking him in the thigh.
He apparently needed to be pulled off the victim by other colleagues.
They found that the incident had started during working hours at the gardening firm where they were both employed when the accused began to shout at the victim and call him names, relating to the job sheets they were supposed to fill in.
When the victim retorted that if he did not like they way they were written, he should do so himself, the accused apparently backed off and said it had all been a joke.
But it was later when he blocked off his car and attacked him physically as well as insulting him, telling him to go back home to his own country.
Murcia court upheld the decision not to give him his job back, and he has been refused all rights to severance pay or salary in lieu of notice, as would have been the normal practice.