Overview of the Case
The Superior Court of Justice of the Canary Islands (TSJC) recently confirmed a significant ruling regarding the dismissal of a worker from a Mercadona supermarket branch in Corralejo. The court declared her disciplinary dismissal, branded as “contract termination”, null and void. This worker was affected by primary progressive multiple sclerosis, a debilitating condition that played a central role in the accusations against her. The court mandated her reinstatement and ordered Mercadona to pay €15,000 in moral damages for the infringement of her fundamental rights. Additionally, the company was tasked with covering the legal costs of €800 associated with the appeal.
The ruling marks a clear stance against discrimination in the workplace, especially surrounding health-related issues.
Details of the Court’s Ruling
With its headquarters in Las Palmas de Gran Canaria, the Social Chamber of the TSJC dismissed Mercadona’s appeal, upholding the previous decision of the Labor Court No. 2 of Puerto del Rosario. The labor court had identified significant elements of discrimination based on the employee’s health condition, citing an unlawful intrusion into her privacy and misuse of her health information during her medical leave.
Given the seriousness of the events, the TSJC decided to forward a copy of the verdict to the Labor Inspection and Social Security of Las Palmas. This action will enable the inspection body to pursue any necessary measures against the company, potentially leading to sanctions.
Background of the Affected Worker
The worker, a manager by profession, had been with the Corralejo store since 2017. In 2021, she was diagnosed with primary progressive multiple sclerosis, an illness that significantly restricts physical capabilities over time. Following her diagnosis, her job responsibilities were adapted in January 2024 to prevent her from engaging in tasks that involved lifting over eight kilos or maintaining awkward postures for extended periods.
By May 2025, the worker was forced to go on medical leave due to a flare-up of her condition. A neurological report from the Canary Health Service in June explicitly confirmed her diagnosis and recommended measures to avoid physical strain, as well as adequate breaks to prevent undue fatigue.
Despite having these guidelines in place, the company opted to monitor her health continuously during her leave. In an alarming move, Mercadona even employed a private investigator to scrutinize her activities, leading to her dismissal in September 2025. The company alleged that the worker was simulating her illness, showcasing a troubling approach to employee health and well-being.
Implications of the Ruling
This landmark decision from the TSJC underscores the urgent need for businesses to cultivate an environment of inclusivity and respect for employees facing health challenges. By acknowledging the severe implications of the worker’s dismissal, the court is sending a powerful message about the importance of adherence to labor rights and the protection of individuals with disabilities.
The ruling sets a precedent for addressing discrimination based on health issues within the workplace, reinforcing the principle that employers cannot legally terminate employees for legitimate medical conditions. Employers are now reminded that their approach to health-related matters must align with compassion and legal requirements to foster a supportive work environment.
Final Thoughts
This case serves as a critical reminder of the ongoing struggles against workplace discrimination and the rights that individuals with health conditions are entitled to. The implications of such rulings not only affect the parties involved but also resonate throughout the business community, compelling companies to re-evaluate their policies and approaches towards employees with health-related challenges.
