A worker may receive compensation of 46,665.34 euros after being fired twice in the same month by the same company. The Superior Court of Justice of Aragão confirmed the unfoundedness of the dismissal, in a ruling of September 26, 2025 (Sentence no. 666/2025), in a case in which the employer alleged non-compliance due to the employee having carried out moderate physical exercise during a sick leave.
The information is provided by the Spanish digital newspaper Noticias Trabajo, based on the public summary of the process made available by CENDOJ.
Functions and clinical situation of the worker
According to the same source, the worker worked as transport manager and administrative head, had an open-ended contract and recognized seniority since February 2011, having been integrated into the company by subrogation in March 2020.
In November 2022, he began experiencing temporary disability due to neck pain, to which was added treatment for adaptive disorders with anxiety and depression.
Two dismissals in the space of 15 days
On December 14, 2023, the company communicated a disciplinary dismissal, alleging breach of contractual good faith, due to the worker having walked and run for around 40 minutes on several days while he was on sick leave.
A few days later, the employer tried to leave this dismissal without effect and went ahead with a new procedure, communicating a second dismissal on December 29th, based on article 55, no.
Court confirms groundlessness
The worker contested the first dismissal and the Juzgado de lo Social de Huesca declared it unfounded, ordering the company to choose between reinstatement or payment of compensation of 46,665.34 euros.
The company appealed the decision, but the Superior Court of Justice of Aragon maintained, in essence, the understanding of the first instance court, as shown in the public summary of the process published by CENDOJ and cited by Noticias Trabajo.
At the heart of the decision was the company’s attempt to “erase” the first dismissal. The court emphasized that this withdrawal has no effect if there is no effective restoration of the employment relationship, therefore maintaining the employee’s right to challenge the dismissal communicated on December 14, 2023.
Physical exercise during sick leave was not considered an infraction
Regarding physical exercise during sick leave, the court considered that it was a moderate activity, with no indication of medical contraindication or evidence that it had harmed the recovery process.
The CENDOJ summary also states that walking and running for around 40 minutes is not comparable to the requirement of a normal working day in an administrative position, and is not, in itself, sufficient to justify a disciplinary dismissal.
Legal consequences for the company
In view of the decision, the company is subject to the unfair dismissal regime in Spain, provided for in article 56 of the Workers’ Statute, which imposes the choice between the readmission of the worker or the payment of the established compensation.
And in Portugal?
In Portugal, a dismissal can be challenged through a special judicial challenge to the regularity and lawfulness of the dismissal, which must be initiated within 60 days, using a specific form, and is urgent in nature.
If the dismissal is declared unlawful, the court may order the employer to reinstate the employee and pay compensation for damages.
The worker can also opt for compensation in lieu of reinstatement, set at between 15 and 45 days of basic pay and seniority payments for each year of service, with a minimum of three months.
The Spanish case, as reported by , reinforces the idea that carrying out physical activity during a sick leave does not automatically constitute a violation of the worker’s duties.
The validity of a dismissal always depends on a concrete assessment of the seriousness of the facts, the intention, the impact on recovery and strict compliance with the formal requirements set out in the law.
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