Waitress unfairly dismissed after drinking two glasses of wine while on medical leave wins court case

2026-08-29

An unusual case from Spain has caught the attention of the international press after a waitress was fired for being seen consuming two glasses of "tinto de verano" while on medical leave. The woman challenged the employer's decision in court, arguing that the measure was far too drastic for the situation in question.

The High Court of Justice of Murcia analyzed the case and ruled that the employer's action was abusive. The judges determined that the simple consumption of a light alcoholic beverage does not constitute sufficient grounds to terminate an employment contract, especially if this did not hinder the employee's medical recovery.

Following the court's decision, the company was ordered to pay the woman 24,000 euros in damages. This amount represents compensation for unfair dismissal and the harm caused, marking an important victory for employee rights against disciplinary decisions deemed excessive.

The case has sparked heated debates about the limits of the control employers can exert over the private lives of employees on medical leave. Labor law specialists emphasize that although employees have an obligation to follow prescribed treatment, they do not completely lose their personal freedom during recovery.

This ruling serves as a precedent for other similar situations, highlighting the importance of proportionality in decisions made by employers. The final decision of the Murcia court confirms that any disciplinary measure must be based on clear evidence demonstrating a serious breach of contractual obligations.