{"id":5920,"date":"2024-06-25T15:47:22","date_gmt":"2024-06-25T14:47:22","guid":{"rendered":"https:\/\/www.btsasociados.com\/?p=5920"},"modified":"2024-06-25T15:47:22","modified_gmt":"2024-06-25T14:47:22","slug":"dismissal-of-a-worker-who-on-leave-for-depression-posted-content-on-instagram-is-justified","status":"publish","type":"post","link":"https:\/\/www.btsasociados.com\/en\/dismissal-of-a-worker-who-on-leave-for-depression-posted-content-on-instagram-is-justified\/","title":{"rendered":"Dismissal of a worker who, on leave for depression, posted content on Instagram is justified"},"content":{"rendered":"\n

An employee of a company that has been selling books and magazines since 2008 applied for temporary disability leave for depression<\/strong> at the end of July 2022, alleging an anxious emotional state, cognitive and concentration deficits, memory loss and hopelessness.<\/p>\n\n\n\n

A situation which, according to her, forced her to be on medication and prevented her from leaving the house. Nevertheless, during the months she was incapacitated.<\/p>\n\n\n\n

However, the employee advertised herself as a nutritional coach through social networks, publishing content on social networks about beauty and health, giving advice to users about different aesthetic and dietetic products, and promoting the consumption of a brand’s products, is incompatible with a temporary incapacity due to depression.<\/p>\n\n\n\n

The Social Division of the High Court of Justice of the Valencian Community after dismissing the appeal filed by the worker of a company who, as a result of publishing two publications on her personal Instagram account, was dismissed disciplinarily, despite the fact that she claimed that it was all pure ‘postureo<\/em>‘.<\/p>\n\n\n\n

The judge relies on case law to dismiss the appeal<\/strong><\/h4>\n\n\n\n

According to the Supreme Court of Justice of the Valencian Community, the issue to be resolved revolved around determining whether the plaintiff had committed a serious and culpable breach of employment that could give rise to disciplinary dismissal.<\/p>\n\n\n\n

The judge in charge of resolving the case concluded that, if the plaintiff had the energy, concentration and desire to advertise products, lifestyle advice and nutrition and beauty treatments on a platform as competitive as Instagram, she was also capable of duly performing her work as an administrative officer in the company for which she provided services under a permanent contract.<\/p>\n\n\n\n

The argument that the applicant was merely “posturing” does not hold water, as posting almost daily, albeit digitally, requires a task of content and photo selection that is not automatic. This involves effort, concentration and attention, which is incompatible with a cognitive and memory deficit and, ultimately, with a disabling mental disorder.<\/p>\n\n\n\n

Conclusion<\/strong><\/h4>\n\n\n\n

The court has dismissed the appeal and upheld the first instance judgement.<\/p>\n\n\n\n

If you have any doubts regarding this matter, please do not hesitate to contact us, either by telephone to \u00darsula Olivares Lamela or by e-mail to uol@btsasociados.com,<\/a> we will be delighted to help you.<\/p>\n","protected":false},"excerpt":{"rendered":"

An employee of a company that has been selling books and magazines since 2008 applied for temporary disability leave for depression at the end of…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[19],"acf":[],"_links":{"self":[{"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/posts\/5920"}],"collection":[{"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/comments?post=5920"}],"version-history":[{"count":1,"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/posts\/5920\/revisions"}],"predecessor-version":[{"id":5921,"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/posts\/5920\/revisions\/5921"}],"wp:attachment":[{"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/media?parent=5920"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.btsasociados.com\/en\/wp-json\/wp\/v2\/categories?post=5920"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}