In Salou, the High Court of Justice of Catalonia (TSJC) has ruled that a restaurant cook was unfairly dismissed just three days after being cleared to return to work, following more than a month on sick leave.
The ruling overturns an earlier decision by Social Court number 2 of Tarragona, which had backed the employer. The TSJC now says the employer must choose between reinstating the worker or paying compensation, according to the court resolution.
The cook’s legal team argued that the timing of the dismissal, so soon after a period of medical absence, pointed to an unfair termination. The first court in Tarragona did not find enough grounds to rule against the employer, but the TSJC reached the opposite conclusion.
The case adds to the body of employment law decisions in Catalonia dealing with workers returning from sick leave. For more Catalonia-wide news, see our news coverage.
The ruling is relevant for employers and employees across the region, as it underlines the legal protections that can apply after medical leave. Read more on related local reporting in our news tag.
