Chef sacked after being caught working for family snail business while on sick leave
His employer hired a private detective who confirmed a suspicion that the he was fit to work, despite being signed off for depression
A chef's twenty-year career for a catering company in Jaén ended in dismissal after he was caught working for a family snail-trading business while he was on sick leave. The dismissal has been ratified by the High Court of Justice of Andalucía (TSJA).
The company hired a private detective, who confirmed a suspicion that the employee was, in fact, able to perform duties for another business during his leave for depression. As a justification for the dismissal, the company stated that the type of work he was caught doing and the act of driving should be incompatible with his "temporary incapacity". Therefore, he was "either faking the illness" or had "voluntarily delayed or prevented its cure".
In the dismissal letter, the company stated that he appeared to be providing services for another business "with total normality, carrying out delivery routes to bars and restaurants using a company vehicle (motorbike) and even driving in a reckless manner with the consequent danger to his integrity and that of third parties".
Faced with the evidence provided by the private detective, the company considered that the employee's behaviour constituted a breach of contractual good faith and "an abuse of trust".
The former employee was diagnosed with a type of chronic depression, but the evidence showed parallel activity, which he carried out for his nephew's snail-trading business. He was observed on his daily outings, during which he would transport snails to different bars and restaurants.
Therefore, the TSJA ruled that his actions constituted not only a Social Security system fraud but also a breach of contractual good faith. The court stated that, if he was in a good state to provide services, he should have returned to his regular job.
