The Social Chamber of the High Court of Justice of the Canary Islands has declared the dismissal valid of a home care assistant who did not administer the medication to an elderly woman nor give her breakfast despite her contract stating that she should help administer the medications to her.
After a complaint filed by the daughter of the elderly woman whom this worker cared for, the company Asidma Servicios Sociales, which has subcontracted the home care service of the Canary Islands, opened a file against the employee and five days later terminated her contract.
Initially, the worker appealed her dismissal and Social Court number 3 of Arrecife declared that it had been unfair, obliging the entity to hire her again and with the same conditions as before the dismissal. At the same time, it ruled that the company had to pay her the salaries not received, valued at 13,709 euros.
The company appealed this ruling before the Social Court of the High Court of Justice of the Canary Islands, which has now revoked and dismissed the employee's claim.
The company argued that by not supplying the medication to the elderly woman it was generating a risk to her health and carrying out a "conscious non-compliance" of its professional duties.