The Superior Court of Justice of the Canary Islands (TSJC) has ratified the dismissal of a worker who published videos on TikTok, Instagram, Youtube, Facebook and Twitter dancing in high heels despite being on leave for having undergone surgery for a bunion.
In a ruling dated July 27 to which Efe has had access, the labor chamber rejects the appeal filed by the employee against a ruling by the Social Court number 8 of Las Palmas de Gran Canaria.
The employee entered a situation of temporary disability from August 22, 2022 - which lasted until June 2023 - and was operated on for a bunion one day later.
In June 2023, the company informed her of her dismissal, after verifying that between August 2022 and June 2023, on her public profile on TikTok, Instagram, Youtube, Facebook and Twitter, the woman carried out "extensive artistic activity, incompatible with her pathology, and with such a situation, since she has been accruing Social Security benefits and implies a cost for this company."
What she was accused of, recalls the TSJC, was "dancing and jumping in heels in a video while in a situation of temporary disability."
The woman also participated in various public events, such as Bioagaete and Pride Day, in which she performed the song "I'm Not Scary", explaining in some of the videos that she had performed with a "horrible" pain, as she had had foot surgery.
The company provided various medical reports that advised the employee to rest after the operation, so the Court considers that it has been proven that the woman violated contractual good faith.
"Dancing and jumping in heels is incompatible with the recovery of the pathology that affects her foot, which implies rest and immobilization procedures," the magistrates conclude.
