He goes fishing during his sick leave, is fired after 12 years with the company, and the courts uphold the decision as valid
The ruling backs a company that dismissed an employee after a detective recorded him doing activities inconsistent with his claimed injury.
The High Court of Justice of Andalusia, Spain, has upheld the dismissal of an employee who was on medical leave for a fractured foot yet was found engaging in activities incompatible with his reported condition, including fishing, walking his dog, driving long distances and spending a day at the beach with his children.
Company sends PI to track employee
The employee, who had worked for food distribution company Hispadul S.L. for twelve years as a sales representative, went on temporary disability in January 2020 after fracturing a toe. Although the company’s insurer deemed him “fit to return to work” that February, the Virgen del Rocío University Hospital in Seville kept him on leave for “persistent pain” and advised against any kind of sport.
Seeking clarity, the company hired a private investigator to monitor the worker during his leave. The resulting report stated that he was seen “walking with his children, taking the dog out, driving more than 240 kilometers in a single day and sport fishing on the beach,” all without any apparent signs of pain or physical limitation.
The employee later filed suit against the company. On November 17, 2020, he was formally notified by certified mail of his disciplinary dismissal, which the company based on a loss of trust. His claim was first rejected by Social Court No. 8 in Seville on September 14, 2023.
Judges agree with termination
He then appealed to the Social Chamber of the Andalusian court, arguing that the activities he carried out were not incompatible with his medical leave. The judges disagreed, finding that the investigator’s report demonstrated “a pretence of ongoing incapacity” and a breach of the duties of loyalty and good faith owed to the company. The ruling confirmed the dismissal as justified, denied the appeal and did not impose costs.
The court emphasized that taking part in activities that show a level of physical ability beyond what is reflected in medical reports during a leave period can justify a disciplinary termination because it undermines contractual good faith and the trust an employer places in a worker.
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