Man fired after dining out while on sick leave wins severance pay; know the value - News Room USA

A port worker from Australia won a legal battle after being fired for being seen dining out while on sick leave. The Labor Court considered the dismissal unfair and ordered the payment of 20 thousand eurosvalue equivalent to approximately R$ 125 milin addition to reintegration into employment.

Unfairly accused of false certificate, worker receives compensation

The former employee, identified as David Jenkinshad requested leave from work at the port of Port Kembla claiming emotional fragility due to griefafter the death of his mother and an aunt. According to him, he was not in a psychological condition to perform his duties that day.

The dinner that led to the dismissal

During his period of leave, Jenkins accepted an invitation from his partner to have dinner at Lagoon Seafooda restaurant in the region. There, he ended up meeting his own boss, Bernie Ryanwhich would have interpreted the situation as improper use of medical leave.

The encounter was described as awkward. The worker tried to greet his superior, who refused the handshake. Shortly afterwards, the company opened an internal investigation into “unacceptable conduct” and decided to dismiss him.

Court decision

After being dismissed, Jenkins turned to Fair Labor Relations Commissionwho analyzed the case from technical and human aspects. The court highlighted that there is a clear difference between carry out a light social activity e operate heavy machinery for hoursfunction performed by workers at the port.

According to the ruling, even if Jenkins was able to go out to dinner, it would did not mean that he was able to carry out his professional activities safelyespecially in a risky environment.

The Court also reinforced that moderate social activities during mourning do not invalidate a sick leaveas they do not require the same level of physical and mental effort as work.

Compensation and reinstatement

As a result, the dismissal was considered unfair. The company was ordered to reinstate the employee and pay approx. R$ 125 milreferring to late wages and financial compensation.

For Jenkins, the decision represents a recognition of the importance of mental health in the workplace and establishes relevant precedent regarding the limits of the use of sick leave in bereavement situations.