He Supreme Court (TS) has supported the decision of a Tenerife-based company to disciplinary dismiss an employee who was caught driving a van and doing masonry work while on medical leave.
The company argued that the activities carried out by the worker were incompatible with his situation of temporary disability, which was the basis of his appeal.
Fired
The former employee, who had worked as a driver at the company since 1996, was fired in July 2020 after the company accused him of taking on labor duties while on medical leave due to spinal pain.
Low
After reviewing the case, the Supreme Court concluded that the activities carried out by the worker during his leave, such as driving a van and doing masonry work, were counterproductive for the pathologies that had caused his temporary disability, and negatively affected his recovery process.
This Supreme Court decision supports the company’s position and establishes an important precedent regarding the incompatibility of performing unauthorized work during temporary disability. Thus, a clear framework is defined in which companies can take disciplinary measures when activities incompatible with an employee’s medical leave status are detected.
