The coronavirus fear for dismissal sentence of the Superior Court of Justice of Madrid has determined that not going to work for fear of contracting the coronavirus. And it can lead to dismissal, provided that the company ensures the protective measures.
It should be noted that the Social Court had previously ruled in the same sense. Therefore, this ruling marks the path to be followed in all similar cases, at least in the Community of Madrid.
Coronavirus fear for dismissal sentence
The sentence of the Fifth Section of the Social Chamber of the TSJM, dated June 30, justifies the dismissal of a worker who did not go to work during the confinement for fear of contracting the virus. The reason was that she could infect her elderly and sick parents, and a risk group. For this reason, she requested to work as a teleworker and not to go to work on the days determined by the company’s management.
The dismissal was carried out on the grounds that the repeated non-attendance at her workplace constituted a serious breach of contract. This could be classified as a very serious offense of unjustified non-attendance at work, indiscipline or disobedience to orders received and breach of contractual good faith.
In the sentence it is determined that the company adopted organizational and preventive measures to be able to continue the activity. In addition to allowing teleworking, except in the shifts of attendance to the office by departments. For this purpose, the company provided the workers with masks and disinfectant gels.
For all these reasons, it is determined that the dismissal for non-attendance at the workplace is appropriate. Provided that the company ensures the necessary protective measures to avoid contagion in the workplace.
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