‘Doctoring’ a sick note is cause for dismissal in Spain

 

 

Altering a sick note to falsely prolong it’s effect is sufficient to merit the dismissal of an employee for causing the loss of trust and confidence maintained in them by their employer.

Such was the decision of the Civil Appeal Court hearing the case of an employee who  altered a sick note he had been granted by his doctor which permitted him to be absent from his workplace for a period stipulated in the certificate. The employee fraudulently added three days to that period of time and was therefore deemed to have displayed a “deceptive attitude [evidenced by providing a falsified medical certificate] which was sufficient to cause the loss of trust and confidence and justified the ending of the relationship by the employer”.

The court in it’s decision also referred to the fact that loss of trust and confidence’ is a very general ’cause’ for dismissal which can generate doubt and uncertainty. Accordingly it is for a court to decide, as per Article 242 of the Law of Contract of Employment, whether or not the actions specified are of such as a nature as to cause said loss of trust and confidence.

Image: jscreationzs / FreeDigitalPhotos.net

 

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