From medical leave to labour harassment: dignity and health as a fundamental right. Commentary on the Catalonian Court Judgment resol.1827/2025
Mónica Ricou Casal
Published 2025-11-12
Keywords
- labour,
- IT,
- fundamental right,
- digital disconnection,
- labor health
How to Cite
Copyright (c) 2025 Mónica Ricou Casal
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Abstract
The judgement we are about to discuss is a victory for health protection and the prevention of occupational hazards — a decision that cannot be ignored. The worker experienced a hostile and humiliating climate for a period, receiving psychological care. Upon
analysing the facts and conduct, this can be included in the concept of harassment at work. To make matters worse, while the worker was on medical leave, the company did not respect the necessary rest for her recovery. Instead, they put pressure on her to continue working and urged her to apply for medical discharge.
The legislation that the judgement under study takes into consideration is of special relevance in that it protects health as a fundamental right, as set out in Article 43 of the Spanish Constitution (EC) in relation to Article 15. This constitutes a fundamental right that protects the physical and mental integrity of every person, and the violation of this right renders the dismissal null and void.
SUMMARY: 1. Antecedentes y hechos probados. 2. Claves de la doctrina judicial. 3. Valoración crítica. 4. Bibliografía