The Social Chamber of the Superior Court of Justice of the Balearic Islands considers that the disciplinary dismissal of a worker who self-harmed to fake a work accident and take advantage of sick leave is in accordance with the law.

The worker had been providing her services as a chambermaid for a luxury hotel complex for 13 years.

One morning, she notified the supervisor that she had cut herself while taking some knives out of the dishwasher. The supervisor asked her to show the wound to both her and the head of human resources. The latter took a photograph of the wounds she had.

The care for one of the wounds he suffered had to be closed with a stitch.

The company initially issued a work accident report and the worker was on medical leave for a week.

The hotel complex was responsible for the prevention of occupational risks to a company, which as a consequence of this work accident report, began an investigation into what had happened to the worker. The report that was prepared on this matter concluded that the injuries suffered by the worker did not match the accident that she said she had suffered. For this reason the company He initiated a disciplinary file for simulating the work accident and ended up dismissing the worker.

The worker sued the company for this dismissal, alleging that she had not faked the work accident and that her dismissal implied a violation of fundamental rights and that the company could incur discrimination given that the worker has a recognized 14% disability due to decreased vision in one eye.

The ruling handed down by the Social Court No. 2 of Palma rejects the worker's claim since the alleged violation of the fundamental rights to dignity, equality and non-discrimination has not been proven, since the worker mentions it in her statement of claim but does not provide evidence that this has actually happened.

In reference to the cuts, the Court rules that due to the type of injuries presented by the worker, they are incompatible with her story, which is why it endorses the decision of the company declaring the dismissal appropriate.

Attached to this publication you can find the commented sentence.

FAILED:  The Court rejects the appeal filed by the worker's representation.