A worker was dismissed after her company discovered that she was participating in artistic activities in heels while on medical leave for a bunion surgery. The Superior Court of Justice of the Canary Islands has confirmed the dismissal of the woman, rejecting her appeal against the ruling of Social Court number 8 of Las Palmas de Gran Canaria.
The woman had been on sick leave since August 2022 due to a temporary disability that extended for almost a year, when she underwent bunion surgery in June 2023. According to the TSJC, she was accused of dancing and jumping in heels in a video while on temporary disability. Furthermore, it was revealed that she participated in public events such as Pride Day and Bioagaete, even performing and sharing her participation on social media after having been operated on.
The company decided to fire her in the same month they observed the videos in which she was dancing in heels, claiming that her artistic activity was incompatible with her medical condition, which required rest. The judges concluded that dancing and jumping in heels did not aid her recovery, and that participation in these activities contradicted the medical recommendations for rest.
The worker tried to defend herself by arguing that she was advised to perform those movements in heels due to the demands of her job, which required walking and driving. However, the medical reports submitted by the company, which recommended rest, led the Court to consider that the employee had violated the contractual good faith.
