Disciplinary dismissal for playing the guitar at a rock concert while the employee was on disability: violation of fidelity and discrimination due to illness

Commentary on the Ruling of the Superior Court of Justice of the Basque Country 295/2024 of February 6

Abstract

This paper analyzes the ruling of the Superior Court of Justice of the Basque Country, which partially annulled the ruling of the Social Court no. 3 of San Sebastian. In this ruling, the admissibility of the dismissal applied by the company was declared, regarding the behavior of a worker who played the guitar at a rock concert, being in a situation of temporary disability. The judgment of inadmissibility sentenced by the Superior Court of Justice of the Basque Country is analyzed, from the perspective of the violation of fidelity, and the criteria that allow in supplication to rule out the nullity due to discrimination reasons are also reviewed.