Albacete court orders Mercadona to reinstate worker it dismissed

A court in Albacete, Spain, ruled Mercadona must reinstate a worker it dismissed after he took medical leave.

He had a nearly full reduction in working hours to care for his seriously ill daughter, and was also receiving a state benefit for that care until it was withdrawn in November 2025.

Mercadona hired a private detective to follow him during his leave and dismissed him in March 2026, suspecting he was pretending to be ill or doing things that could delay recovery.

The court found that the surveillance did not prove he had faked his illness; the company had no medical evidence against the leave, and the observed daily activities were not necessarily incompatible with psychological illness.

Because he still had the protected reduction in hours, the court declared the dismissal null under employment law.

Mercadona must reinstate him and pay wages lost from 24 March until he returns, at a stated rate of 77 euros gross per day.

The worker’s claim for 30,000 euros in moral damages was rejected, and the ruling can still be appealed.