In recent years, cases of workers going to court after being fired have increased. A Spanish worker will receive 25 thousand euros in compensation after the Superior Court of Justice of Catalonia found that he was a victim of discrimination due to illness. The man, who had suffered a serious accident at work and was on sick leave, was fired just three months after the incident, which the court considered a violation of his fundamental rights, according to the digital newspaper Noticias Trabajo.
The case dates back to 2022. The worker, then 58 years old, worked as a specialized worker in a demolition company in Spain, receiving a monthly salary of 1,704 euros. During an intervention in a building, a beam fell on him, causing several spinal fractures and other bodily injuries.
Due to the severity of his injuries, he was declared temporarily incapacitated with a long prognosis for recovery. However, in January 2023, when he was still officially on sick leave, the company decided to fire him, citing “disagreements and discrepancies in criteria when carrying out work”. In the dismissal letter itself, the company acknowledged the unfoundedness of the decision and offered only 1,320 euros in compensation.
Investigation and the first decision
The Inspección de Trabajo confirmed, months later, that the company had not complied with occupational health and safety standards, and that these failures were directly linked to the accident.
Despite this, the first court of Reus rejected the worker’s complaint, acquitting the company. Unsatisfied, the man appealed to the Superior Court of Justice of Catalonia, arguing that he had been the target of discrimination for health reasons and that the dismissal was related to his prolonged incapacity.
Court finds worker in favor
According to the same source, the Superior Court of Justice ended up agreeing. The judges understood that there were clear signs of discrimination, as the worker had suffered a serious accident, was recovering, and the company fired him without objective cause, recognizing the groundlessness.
As the employer was unable to demonstrate that the dismissal was not linked to sick leave, the court concluded that the worker’s fundamental rights had been violated. Therefore, he decided to award him compensation of 25 thousand euros.
The court, however, did not declare the dismissal null and void for procedural reasons, as the period to contest the act had already expired, says the .
And in Portugal, what would happen?
If a similar case occurred in Portugal, labor legislation would also protect the worker. The Portuguese Labor Code expressly prohibits dismissal due to illness or accident, considering it null and void and subject to immediate reinstatement.
Furthermore, if it were proven that the dismissal occurred while the worker was on sick leave, the employer could be ordered to pay compensation for moral and material damages, as well as fines imposed by the Working Conditions Authority.
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