Post by nijhumnishita033 on Jan 11, 2024 9:53:33 GMT 1
The Social Chamber of the Supreme Court has confirmed the admissibility of the dismissal of the worker who, while on sick leave due to anxiety , went to work in a relative's bakery. The Order, dated January 25, 2022, shows that the employee's conduct constitutes a violation of contractual good faith and abuse of trust in the performance of work. Facts Since January 2012, the worker provided her services for the Abat Oliva University Private Foundation located in Barcelona. On several occasions, the employee expressed her desire to return to Benicasim (Alicante) and telework from there.
Instead, the company always denied it. As a result of such rejection, the worker communicated her desire to voluntarily leave the company. Thus, both parties agreed that the employee would remain at Phone Number Data the University until a person to replace her was found and, during this period, on a provisional and exceptional basis , she was authorized to work remotely from Benicasim. Cloister of Abat Oliva University. (Photo: Wikipedia) For greater detail, we must point out that the worker facilitated the search for the person who was going to replace her and was working with her for a couple of weeks.
Instead, on October 2, 2018, retracting her voluntary resignation , the worker informed the company of her willingness to remain with the company, although reiterating her desire to telework from her new home. For its part, the company agreed to the retraction, although it reiterated the worker's obligation to return in person in Barcelona as of October 15. The worker took sick leave due to anxiety and the company decided to hire a detective However, on the aforementioned date the employee did not appear at the University headquarters and the employer sent her a burofax so that she could immediately return to her job. Thus, at 7:00 p.m. that same day, the worker sent a medical leave report via email dated October 15.
Instead, the company always denied it. As a result of such rejection, the worker communicated her desire to voluntarily leave the company. Thus, both parties agreed that the employee would remain at Phone Number Data the University until a person to replace her was found and, during this period, on a provisional and exceptional basis , she was authorized to work remotely from Benicasim. Cloister of Abat Oliva University. (Photo: Wikipedia) For greater detail, we must point out that the worker facilitated the search for the person who was going to replace her and was working with her for a couple of weeks.
Instead, on October 2, 2018, retracting her voluntary resignation , the worker informed the company of her willingness to remain with the company, although reiterating her desire to telework from her new home. For its part, the company agreed to the retraction, although it reiterated the worker's obligation to return in person in Barcelona as of October 15. The worker took sick leave due to anxiety and the company decided to hire a detective However, on the aforementioned date the employee did not appear at the University headquarters and the employer sent her a burofax so that she could immediately return to her job. Thus, at 7:00 p.m. that same day, the worker sent a medical leave report via email dated October 15.