A worker who was fired for carrying out an activity while on sick leave due to an anxiety disorder saw his dismissal considered unlawful. The court also determined that the company will have to pay compensation of 30,000 euros for moral damages, as well as wages corresponding to the period in which he was away, in a decision taken in the Basque Country, Spain.
Court considers dismissal illegal
According to Executive Digest, a website specializing in finance and current affairs, the employer based the dismissal on the alleged commission of a serious infraction, accusing the worker of carrying out activities during his sick leave and publicizing these actions on social media.
However, it was found that the worker worked as a DJ voluntarily, without any remuneration, and within the scope of medical guidelines integrated in the treatment of anxiety.
The court concluded that there was no evidence that this activity had jeopardized the worker’s clinical recovery, nor that he was simulating a situation of temporary incapacity.
Therapeutic activities during sick leave
The worker had worked at the company since May 2017 and earned a gross monthly salary of 4,495.50 euros. In July 2023, he began a medical leave due to an anxiety disorder. During this period, and with clinical monitoring, he was advised to perform occasional musical performances as part of the therapeutic process.
According to the process, these actions were intended only for circles of friends, did not involve any financial compensation and contributed to the positive evolution of the health status, including allowing a progressive reduction in prescribed medication.
Appeal rejected by the courts
As reported by Executive Digest, the company proceeded with a dismissal for just cause in October 2023, alleging non-compliance with the rules associated with sick leave.
The case went to court, which ruled in favor of the worker. The company still appealed the decision, but without success.
The final sentence confirmed the employee’s reinstatement and maintained the company’s condemnation to pay outstanding wages and compensation for moral damages.
Rights of workers on sick leave
This case highlights that sick leave does not necessarily imply total inactivity. Activities recommended by health professionals, when integrated into a therapeutic plan, cannot automatically be considered a violation of the worker’s duties.
According to at, the court decision acts as a warning about situations of excessive surveillance or undue penalties on the part of employers, reinforcing that following medical instructions cannot justify dismissal.
Legal framework in Portugal
In Portugal, the law does not, in itself, prevent a worker from being dismissed during a period of temporary incapacity. However, this is only possible if there are objective grounds and if the disciplinary procedure provided for in the Labor Code is respected.
If the court considers the dismissal to be unlawful, the employee may opt for reinstatement or compensation. In these situations, it is also common for the company to be ordered to pay the remuneration that was no longer received.
The award of compensation for moral damages depends on proof of relevant losses directly caused by the actions of the employer, with these requests being assessed with particular rigor by the courts.
In practice, it is up to the company to clearly demonstrate that any activity carried out during sick leave compromised the worker’s recovery or constituted a fraudulent situation. In the absence of this proof, jurisprudence tends to protect the worker’s rights.
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