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El Norte
Friday, 25 April 2025, 14:14
The High Court of Justice of Castilla y León has upheld a judgement of the social court of Palencia, which declared that the dismissal of a pharmacy technician who was caught hiking in the Picos de Europa during her sick leave was justified.
According to the ruling, the woman had been working as a pharmacy technician from March 2007 to April 2023, when the company informed her of her disciplinary dismissal for three consecutive days' absence without justification.
However, an error in the procedure led the courts to annul the dismissal and the woman returned to her job in November 2023. Barely a month later, she requested three days' leave to attend exams for the intermediate level hiking course in which she was enrolled. Her company granted her the leave.
In December, the former employee was placed on temporary sick leave. In February 2024, she went to a health centre, from where she was referred to a mental health specialist. As a result, she was diagnosed with anxiety, a sleep disorder, low mood and listlessness.
However, her company hired a private detective, who discovered that, during five days of her leave, she took a practical hiking course in the Picos de Europe. Throughout the training, she lived in a van and performed physical activities.
"The company was able to verify that the reason for her leave was concealing her real intention, which was to take a continuous academic course in person and online, with internships for several months," the company stated in the letter of dismissal. The employee's breach of trust caused the company serious economic damage, as it had to reorganise "the workforce, working hours and timetables".
The Supreme Court stated that it does not consider that the company's dismissal "constitutes retaliation against the worker". On the contrary, it said that "the employer demonstrated a proper and flexible attitude to allow the employee to carry out her activity".
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