Company right to sack sick employee who worked on market stalls

The High Court in the Region of Murcia has confirmed the ruling of the Social Court No. 1 of Cartagena that declared the dismissal of the forklift driver of an agricultural cooperative correct, when he was sacked for working in various markets in the Mar Menor area whilst on sick leave.

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The ruling indicates that the employee, on sick leave since April 4, 2022 due to a problem in the lower back and a knee injury, was working for several days in the month of May in a mobile position where he carried out physical efforts and work such as: installation and uninstallation of the iron structure, driving a vehicle, standing for long periods of time, and carrying weights, even in forced postures for the back and lower extremities, among other tasks.

In his appeal, the forklift driver justified his presence at the markets to accompany his partner, owner of a plant stand, in addition to alluding to occupational therapy reasons. “It is proven that the activities carried out by the plaintiff worker, due to their characteristics and duration, are incompatible with the situation of temporary disability in which he found himself, because they reveal his aptitude to carry out his work activity for the defendant company, therefore they constitute a very serious breach of contractual good faith, typified in art. 36 of the Collective Agreement for Handling and Packaging of Fresh Fruits and Vegetables and art. 54.2 of the Workers’ Statute,” the judges point out.

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