The Superior Court of Justice of the Canary Islands has ratified as appropriate the disciplinary dismissal of an employee who, while on leave from her company due to temporary disability, was providing services in her partner’s business.
The appeal was dismissed because the administrator, during her leave due to anxiety and depression, developed “a commercial, sales activity, similar to her employed duties, in which there is also a stress component of serving the public,” according to the ruling.
For Ricardo Sánchez Bochachía, a lawyer who has represented the company in this case, “what is essential to condemn the worker’s conduct is that, during her period of incapacity for work, in which she was compensated by Social Security and the company, “She carried out activities that did not contribute to her improvement and did demonstrate a certain work capacity,” he says.
Upon learning of her dismissal, the worker sued the company and the Salary Guarantee Fund and her claim was dismissed by the Social Court No. 8 of Santa Cruz de Tenerife, admitting the evaluation of the reports of private detectives, which show “a clear transgression of contractual good faith” according to the ruling, which also specifies that the employee’s right to privacy has not been violated, as she claimed.
The lawyer also points out that “the legitimacy for the use of evidence derives from article 48 of the Private Security Law, and is given by the right of any employer to control the work activity of its workers.”
This sentence was declared final.
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