Emaya, Palma.

Emaya, Palma.

03-11-2021Ultima Hora

The Supreme Court has backed the dismissal of an Emaya boss for teaching dance classes when he was off sick with a knee injury, ruling that if he can dance, he can work.

The former employee had been with the company for almost 40 years when he took sick leave in November 2017 because he had a torn meniscus that prevented him from going to work.

Three months later, a private detective surprised him in Polígono Son Castelló where he was holding dance classes three times a week. A disciplinary file was opened and the employee was later sacked.

A Palma Court upheld his appeal, declared the sanction inadmissible and ordered Emaya to pay compensation of 150,000 euros to the employee.

Emaya launched an appeal and the ruling was overturned by the TSJIB.

“The performance of one or other activities does not depend on the exclusive will of the injured person who is in a situation of temporary disability, but must be subjected to a discipline that seeks his speedy recovery,” stated the ruling.

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