Mercadona Employee’s Disciplinary Dismissal Over Medical Leave Highlights Workers’ Rights
An employee who had been working as a manager in Mercadona for more than twenty years faced a complicated and distressing situation when, in August 2023 , he took a medical leave due to anxiety . His experience raises significant questions about workers’ rights, medical leave policies, and the responsibilities of employers in Spain.
It is essential to clarify that while there are certain activities deemed inappropriate for employees on medical leave, a recent ruling from the Superior Court of Justice of Castilla y León pulled Mercadona up short, reminding them that routine outings, such as going to the hairdresser or wearing jewelry , should not be grounds for disciplinary action, let alone dismissal.
Spied on: The Invasion of Privacy
The background to this case is quite startling. The employee had been working at a Mercadona supermarket in León since 2001 . After taking leave due to anxiety issues, Mercadona resorted to hiring a private detective agency to monitor his daily activities during the leave period. According to the report received by Mercadona, the employee was seen visiting the hairdresser, wearing bracelets and rings, making phone calls, and shopping at a Lidl supermarket for cleaning products.
Mercadona’s Justifications: Allergies and Discrimination
The company attempted to justify these actions by claiming that the employee had hypersensitivity to metals such as nickel and chromium and to the chemicals found in cleaning products. They argued that his daily activities indicated a lack of seriousness regarding his medical condition, describing the behavior as “behavior incompatible with their healing process.” Consequently, Mercadona declared that the employee was acting in bad faith and dismissed him for purportedly breaching the terms of his medical leave.
During the early proceedings, the Social Court No. 1 of León sided with Mercadona, affirming the company’s decision to dismiss the employee. However, the situation took a turn when the employee appealed the verdict to the Superior Court of Justice of Castilla y León (TSJCyL) .
The Judicial Response: A Win for Workers’ Rights
The TSJCyL delivered a striking rebuke to Mercadona’s judgment. Instead of validating the dismissal on grounds of an alleged allergy, the court emphasized that the activities cited—such as visiting a hairdresser and wearing bracelets—are ordinary actions and cannot be construed as detrimental to one’s recovery from anxiety. The ruling underlined a core contradiction: the dismissal was based on arguments concerning respiratory issues when the medical leave was explicitly for anxiety .
Judicial Conclusions: Employee Rehabilitation and Fair Treatment
Furthermore, the TSJCyL concluded that the disciplinary dismissal was not only inappropriate but also void due to a climate of intimidation surrounding the employee’s grievances about workplace safety. This indicated discrimination based on health status, thereby violating the employee’s rights to non-discrimination and ensuring a safe work environment devoid of said reprisals.
The court’s final ruling not only deemed the termination unlawful, but it also mandated Mercadona to reinstate the employee in his previous position. In addition, the company was ordered to compensate him for the time lost—an amount totaling €2,089.58 per month starting from his medical leave to the present—and pay €7,500 in damages.
This ruling is a significant win for labor rights and firmly establishes that the mere act of leading a normal life should not be grounds for disciplinary action against employees on medical leave. It serves as a crucial reminder that employers must approach employee well-being with sensitivity and adhere to legal frameworks designed to protect vulnerable workers.