Spanish courts rule against dismissals of workers on medical leave

Spanish courts have ruled in favor of two workers who were dismissed while on medical leave, setting precedents regarding the limits of employer oversight during temporary disability.

In Murcia, the High Court of Justice declared the dismissal of a waitress null and void. The company had terminated her after learning she consumed two alcoholic drinks during a dinner while on medical leave for diabetes. The employer argued the consumption was fraudulent and could hinder her recovery; however, the court determined the true motive for the dismissal was related to her health status, violating her fundamental rights.

In Galicia, the High Court of Justice upheld a ruling that the dismissal of a cook was unfair. The employer, Borealis Hotels, S.L., had fired the employee for allegedly simulating illness after he posted TikTok videos of himself dancing and wearing costumes while on medical leave for cervicalgia. While the company claimed these activities breached contractual good faith, the court maintained that the dismissal was improper.