A Tenerife hotel worker who was sacked for doing weightlifting in the gym while on sick leave has lost his case in court.
The employee of the Iberostar Sábila hotel in Adeje (Tenerife) was on long-term sick leave for an alleged hernia which prevented him from carrying out his duties as entertainments officer.
However, six months later he was filmed doing strenuous exercise and lifting weights by a private detective in a local gym. The hotel sacked him immediately, alleging that – if was was really sick – he was putting his recovery at risk and, if not, had failed to inform them that he was well enough to resume his duties. The hotel also argued that it had suffered financial loss in the form of wages paid during his ‘illness’.
The employee took his dismissal to court, arguing that the exercise was moderate and was part of his gradual recovery, but lost the case. An appeal brought before the Canarian High Court has now been dismissed also, with judges there finding that the first court had been correct in its interpretation that the activities filmed in the gym were inconsistent with his ‘moderate exercise’ explanations and continued hernia-related absence.
It upheld the sacking decision, ruling that he had acted in bad faith and in breach of the workers’ code of conduct, which he was familiar with as he was also a union representative in the hotel.
The case, widely reported in the Canarian media this week, has prompted a mixed reaction, with much support expressed for steps to stamp out flagrant abuses of Spain’s generous sick leave provisions. However, critics say the growing use of private detectives amounts to spying and should not be allowed in employment situations.
Photo: Victor Freitas (stock)
