On 14 November 2022, the High Court of Justice of Galicia has declared the nullity of a dismissal of an employee who was removed from his duties for not wanting to vaccinate against COVID-19. The judgment was recently published.
According to the court, the dismissal is null because “the company’s order to vaccinate is not justified.” The worker, who was a delivery driver for a beverage company, was told in November 2021 that he needed to have a COVID passport in order to continue working. When he refused to vaccinate, the employer warned him that he would be fired. The company ultimately fired the worker for “indiscipline or disobedience in the workplace and breach of good faith contract.” The court ordered the company to rehire the employee and compensate him with €7,000 for moral damages. It recalled the lack of vaccination mandate in Spain and the legal protection of the patient’s autonomy.
Reference: nº de resolución: 5132/2022 / nº de recurso: 3602/2022.