Why the Courts Overturned This Spanish Dismissal
A worker in Spain who returned to his job after taking sick leave for anxiety has won his job back — and nearly €200,000 — after a court ruled that his dismissal was discriminatory. Judges found that the dismissal, formally based on a “voluntary and continued decline in professional performance,” was in reality linked to his health status.
Hired in January 2023, the man was placed on sick leave in June of the same year for anxiety. The dismissal was notified the day after his sick leave ended, when he returned to work. His employer justified it by pointing to productivity said to be 30% lower than his colleagues’ between April and June, according to Spanish labor news site Noticias Trabajo.
The employee sued and won before the first-instance court. The company appealed, but the High Court upheld the original ruling, recalling that under Spanish law any dismissal during or after a sick leave must be duly justified. In this case, the employer had provided “no concrete data” to support its claim of reduced performance, the court noted.
The High Court accordingly ordered the worker’s reinstatement and the continuation of his gross monthly salary of €5,268.26. The employer was also ordered to pay €189,000 in unpaid remuneration, €3,000 in sums owed and €6,000 in moral damages — almost €198,000 on top of the resumed wages.
What the Ruling Demands of Employers
A Strict Evidentiary Standard for Performance-Based Dismissals
The central point of the ruling is not that Spanish employers cannot dismiss workers for underperformance, but that they must be able to prove it. In this case, the employer invoked a 30% productivity gap but, according to the court, produced no concrete data supporting the figure. The High Court’s repeated emphasis on the absence of evidence suggests that vague references to performance metrics will not withstand judicial review — particularly when the dismissal follows a period of sick leave.
Health Status as a Protected Ground
By describing the dismissal as discriminatory and linked to the worker’s temporary incapacity, the ruling places the case within Spain’s broader protection of employees on medical leave. The practical consequence is that an employer dismissing a worker during or shortly after sick leave carries a heavier burden of justification — and that burden was judged unmet here.
A Consistent Line of Jurisprudence
This is not an isolated decision. The source recalls an earlier case in which a mechanic dismissed for declining performance and repeated unjustified lateness was reinstated by the Basque Country High Court because the employer could not justify the productivity drop. Taken together, the two cases suggest Spanish courts are attentive to the risk that performance-based dismissals around sick leave serve as disguised discrimination on health grounds.
Lessons From a €198,000 Dismissal Case
For Spanish employers, this case shows the cost of dismissing a worker on performance grounds around a period of sick leave without solid evidence: reinstatement, resumed gross pay of €5,268.26 a month, and €198,000 in back pay, owed sums and moral damages.
- Build a documented record of performance problems before any dismissal: the High Court said the employer supplied “no concrete data” to support the alleged 30% productivity gap between April and June.
- Treat every dismissal during or after sick leave as one that must be “duly justified” under Spanish law, with the risk of a discrimination finding if it is not.
- Note the precedent: the Basque Country High Court likewise reinstated a mechanic dismissed for falling performance and repeated lateness when the employer could not prove the productivity decline.
For employees, the decision confirms that being dismissed on return from sick leave can be challenged in court, with possible reinstatement and compensation when the real motive is health-related.
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