He Spied on His Employee on Sick Leave Due to Stroke and the Court Orders Him to Pay 5,000 Euros

A court in A Coruña has ruled the dismissal of an employee who was spied on by a private detective hired by her company was unfair. The firm must reinstate her and pay 5,000 euros for moral damages.

A labour court in A Coruña has declared the dismissal of an employee who was on sick leave after suffering a stroke as unfair. The company had hired a private detective to record her while she engaged in everyday activities such as walking or going to the supermarket, intending to prove alleged fraud. However, the court found that these actions did not discredit her incapacity for work.

The employee had been in a state of temporary incapacity since May 2023 due to the aftereffects of the stroke. For two years, her health condition prevented her from resuming her professional duties. Due to the prolonged sick leave, the company management decided to hire private surveillance services to monitor her movements outside the home.

Recordings That Did Not Prove Fraud

The private detective made recordings in June 2025, capturing the woman while she was walking and doing regular shopping in public spaces. Based on this graphic evidence, the company executed a summary dismissal, alleging a breach of contractual good faith and deception regarding her actual health status.

The Galician court reviewed the recordings and determined that, although surveillance in public spaces is lawful, the content did not serve as evidence of recovery. The judges noted that performing basic domestic tasks or walking does not equate to being fit to undertake a technically or physically demanding workday. The ruling classifies the company's decision as direct discrimination due to illness.

Consequences for the Company: Reinstatement and Compensation

As a result of the ruling, the firm is obliged to reinstate the employee immediately and pay her all wages she missed since the dismissal. Additionally, it was ordered to pay 5,000 euros in compensation for moral damages due to the intrusion and treatment received.

The current labour regulations clarify that being on sick leave does not imply mandatory house arrest. The fundamental criterion is not to engage in activities that delay recovery or contradict medical advice. In cases of strokes or depression, going for a walk or socialising is often part of the therapeutic recommendations for patient rehabilitation.

The company still has the option to file a notice of appeal with higher authorities. The case highlights the legal limits of evidence obtained through private detectives in the workplace. For employees on sick leave, this ruling reinforces that they can engage in everyday activities without fear of being accused of fraud, as long as they do not contradict medical prescriptions.