A regional high court in Murcia, Spain, has annulled the dismissal of a waitress who was fired for drinking two glasses of tinto de verano while on medical leave, ordering her employer to reinstate her immediately and pay 24,000 euros in compensation.
The High Court of Justice of Murcia ruled that the hospitality business violated the employee's fundamental constitutional rights by using her health condition as the real reason to end her employment contract.
The worker, who had been employed at the venue since March 2022, was dismissed in February 2023 after company managers learned she had attended a dinner with friends at a restaurant in San Gines, Murcia, where she consumed two glasses of the traditional wine beverage.
Tinto de verano, a widely popular Spanish drink made by mixing red wine with carbonated lemonade or soda water, is commonly served in taverns and outdoor terraces throughout Spain, particularly during warm weather in regions like Murcia in the southeast of the country.
The legal conflict began in October 2022 when the waitress took temporary medical leave for a common illness after being diagnosed with acute pyelonephritis and severe hypoglycemia. Both health conditions stemmed from her underlying diabetes, requiring regular medical monitoring to control her blood glucose levels.
While her sick leave was initially expected to be brief, a doctor issued an updated medical report in January 2023 extending her recovery period to 78 days. Immediately after receiving the update, the employer contacted the worker to suggest terminating her contract, citing an ongoing monthly expense of nearly 700 euros to keep her on staff during her absence.
Under Spanish labor regulations, employers are required to maintain social security contributions and partial salary payments for workers on temporary incapacity leave, costs that can place financial strain on small hospitality businesses when absences stretch over several months.
A few weeks after the worker declined to end her contract voluntarily, the company issued a formal disciplinary dismissal. In the termination letter, management argued that drinking tinto de verano, which contains alcohol and sugar, was incompatible with her medical condition and diabetes recovery.
The employer accused the waitress of fraud, breaching contractual good faith, and deliberately engaging in behavior that could prolong or compromise her medical recovery. Management maintained that her actions during the dinner in San Gines constituted a serious disciplinary offense warranting immediate termination without severance.
Lower Court Ruling and Appeals
The dispute was first heard by Social Court Number 1 of Murcia. The lower court judge rejected the claim of nullity, finding no direct causal link between her medical leave and her dismissal, but declared the termination unfair because the company failed to sufficiently prove the allegations detailed in the dismissal letter.
Unsatisfied with the ruling, both parties filed appeals with the High Court of Justice of Murcia. The employer sought to have the dismissal declared fully justified and legal, while the waitress maintained her demand for a declaration of nullity based on civil rights violations.
The Social Chamber of the Murcia High Court overturned the lower court decision, ruling entirely in favor of the employee. Magistrates noted that the sequence of events provided indisputable evidence that the company decided to terminate her contract because of her health status well before sending the dismissal letter.
Constitutional Protections and Law 15/2022
In their ruling, the judges determined that the company breached Article 14 of the Spanish Constitution, which guarantees equality before the law, alongside Article 15, which safeguards physical and moral integrity. The court applied Law 15/2022 on equal treatment and non-discrimination, a Spanish statute passed in July 2022 that explicitly bans discrimination in the workplace based on health conditions or illness.
In Spanish employment law, an unfair dismissal allows an employer to pay statutory severance instead of rehiring a worker. In contrast, a declaration of nullity indicates a breach of fundamental constitutional rights, requiring mandatory reinstatement and full compensation for lost wages.
As a result of the nullity declaration, the court ordered the company to reinstate the waitress to her former position immediately, pay all wages lost since her dismissal, and award her 24,000 euros in moral damages. The ruling is not final and may be appealed by the company to the Spanish Supreme Court.
