The case was recently heard by a court in the Basque Country.

Court records indicate that in early May, the employee requested paid sick leave for lateral epicondylitis (tennis elbow), which restricted his movement.

Days later, the company discovered the employee regularly engaged in mountain biking and occasionally undertook challenging climbs in rugged mountain ranges.

The company then hired a private investigator to track and collect photographic and video evidence of the employee's activities during three separate trips throughout the summer. Based on these findings, the company issued a notice of severe violations and proceeded with the highest disciplinary action: termination.

Believing his dismissal was unjust, the employee sued the company.

Representing himself at the trial in early October, the plaintiff asserted that no doctor had prohibited him from cycling or mountain climbing due to his elbow injury.

The court affirmed that engaging in activities during a period of temporary incapacity does not, by itself, constitute a disciplinary offense. However, a violation occurs if the physical activity impedes the employee's recovery process.

The court cited medical reports confirming that the employee was indeed in an injured state and that physical activity would delay his recovery. Cycling and mountain climbing place significant stress on the arms, thereby exacerbating the patient's condition.

The court sided with the company, ruling that paid sick leave is intended for employees to recover swiftly and return to work, not to exploit treatment time for leisure activities that worsen their condition. Such conduct directly impacts the company's interests.

The court therefore determined the dismissal was justified.

By Hai Thu (According to La Depeche, Demovateur)