The High Court of Justice (TSJ) of the Canary Islands sentenced the company Losschlagen SL to pay compensation of 7,501 euros to a worker fired during his probationary period, after suffering a heart attack and starting sick leave. The judgment, which declares the dismissal null and void, requires the reinstatement of the employee and the payment of wages not received since his dismissal.
The worker, hired as a lifeguard in October 2023, suffered a heart attack on November 9, while still on duty on his last day of contract. Despite his state of health, the company notified him of his dismissal the next day, considering that he had not completed the trial period. The employee appealed the decision to court, arguing that The real reason for his dismissal was his work stoppage.
Initially, a lower court ruled in favor of the company, but the Canarian TSJ overturned this decision finding that illness was the real reason for the dismissal, which constitutes discrimination on health grounds. According to the court, the company violated the principle of equality and non-discrimination enshrined in the Constitution, which justifies the cancellation of the dismissal and compensation for moral damage.
The judgment also establishes that the worker must be reinstated to his positionand the company must pay unpaid wages. Losschlagen SL still has the option to appeal the decision to the Supreme Court.
