The dismissal by WhatsApp of a worker who was in the emergency room on sick leave due to anxiety was annulled

The Social Court No. 2 of Santiago de Compostela has declared null and void the dismissal of a sick worker from an advertising agency that communicated the termination of the contract by WhatsApp when the employee was in the emergency room due to anxiety. The ruling has been ratified by the Superior Court of Xustiza de Galicia (TSXG).

In this way, the ruling forces the Santiago-based company to reinstate the worker and to pay compensation of around 7,500 euros for violation of fundamental rights.

According to the proven facts of the sentence, the company sent him by telephone message, through the WhatsApp application, in September 2023, a photo of the letter in which it terminated the employment relationship for not passing the trial period. It was on the same day that the employee began a temporary disability for a generalized anxiety disorder and minutes after the worker notified his boss that he was in the emergency room.

The judge considers that the company did not provide during the trial an objective and reasonable justification for the dismissal or the “alleged customer complaints«. Furthermore, it points out that no trial period was applicable because the worker had previously been hired by said company to perform the same functions.

For its part, the Superior Court of Xustiza of Galicia rejected the complaint appeal filed by the company of publicity, so the resolution is final and there is no appeal.