An employee who was fired for working while on sick leave due to an anxiety disorder has had his dismissal overturned. The company was also ordered to pay 30,000 euros in moral damages, in addition to unpaid wages.
Court annuls dismissal and holds company responsible
The company justified the dismissal by claiming that the worker committed a very serious infraction by carrying out activities during sick leave, publicizing these actions on social media. It was later revealed that the job in question was acting as a DJ, on a voluntary and unpaid basis, following medical recommendations as part of treatment for anxiety. The court concluded that there was no evidence that these actions jeopardized the employee’s recovery or that he was feigning temporary incapacity.
Sick leave does not mean absolute inactivity
The employee had worked at the company since May 2017, with a gross monthly salary of 4,495.50 euros. In July 2023, he went on sick leave due to an anxiety disorder. During this period, he followed medical recommendations to perform occasional musical activities as a form of therapy. The doctor’s monitoring even allowed medication to be reduced as the employee participated in presentations, which were aimed at friends and without any financial compensation.
Company tried to appeal, but lost
The company fired the worker for just cause on October 10, 2023, alleging a violation of sick leave rules. The case was taken to court, which ruled in favor of the employee. Unsatisfied, the company appealed, but lost again. The decision maintained the worker’s reinstatement and confirmed the company’s condemnation to pay outstanding wages and compensation for moral damages.
Limits on sick leave and workers’ rights
The case raises questions about the limits of sick leave and workers’ rights. Being on sick leave does not mean being unable to carry out activities recommended by health professionals.
According to , this process serves as a warning to workers who may be unfairly monitored or penalized by employers. The decision highlights a clear principle: companies cannot fire employees for following medical recommendations, under penalty of facing legal and financial consequences.
And in Portugal?
In Portugal, being on sick leave does not mean that the worker is untouchable. The company can, in theory, carry out dismissal during a temporary incapacity, but only if there are concrete reasons and if the disciplinary procedure provided by law is followed.
If the court considers that the dismissal was illegal, for example, if the reason given is not proven or if there is discrimination, the worker can choose between reinstatement or compensation defined by the Labor Code. In these cases, the court decision usually also includes the payment of wages that remained unpaid during the period of absence.
The award of compensation for moral damages is possible, but it requires the worker to prove a significant injury caused directly by the company’s conduct. The courts have been rigorous in analyzing these requests.
In practice, the company would have to objectively demonstrate that any activity by the worker during sick leave harmed his recovery or constituted fraud in receiving the subsidy. Without this solid proof, jurisprudence tends to protect the worker, ensuring that their rights are not unfairly violated.
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