The High Court of Justice of Aragon has confirmed that the dismissal of a worker who was on medical leave, having undergone surgery on his knee in April, and who took part in a padel tennis tournament for three days in July, is justified.
The employee had been on sick leave since March 2021 due to a diagnosis of left gonalgia.
The Social Court emphasises that his participation on 16, 17 and 18 July in the paddle tennis tournament «disturbed his recovery» and affected the sick leave process, «which must be understood as a breach of contractual good faith justifying dismissal».
Furthermore, it points out that at the end of the tournament he did not return to work, but was on medical leave until 6 September 2021.
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