A worker from the Mercadona supermarket chain who was on sick leave due to osteoarthritis was fired for walking the dog, picking up his feces, doing the shopping or riding a motorcycle while on sick leave. The Superior Court of Justice of Castilla y León (TSJCyL) has ruled that that dismissal was inadmissible by not validating the company’s argument, which maintained that the man suffered from these health problems and should not carry out those daily actions. The entity hired a private detective to follow the employee for two days to find out if, while on leave, he engaged in inappropriate activities. Mercadona fired him based on those reports and now the TSJCyL forces the chain to rehire him or compensate him by considering that dismissal illegal.
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