The Superior Court of Justice (TSJ) of the Community of Madrid has endorsed the dismissal of an employee who was seen drinking beer several times whilst he was off work on sick leave due to depression.
In the ruling, it is considered that it is an activity contrary to the subsidy, since the man was taking medication that did not allow alcohol intake.
The company had notified the worker, a waiter in a bar in the capital, with the warning about a possible imposition of a penalty for unjustified non-attendance at work. However, the next day, he took medical leave.
The worker was diagnosed with “anxious depressive mixed adjustment disorder” and was given a treatment of escitalopram and lorazepam.
The company used detectives to monitor the activity of the sick worker, who found that he had been consuming bottles of beer on three different days in various establishments. They even caught him “riding a piggyback on top of a friend and taking off a sneaker to put it on top of his head.”
The situation has caused the decision in favour of the company in the courts, who confirmed that alcohol is incompatible with his medication and that, while being treated with antidepressants, alcohol intake is prohibited because it produces serious side effects and delays recovery.
