Justice endorses the dismissal of a supermarket cashier who uploaded dancing videos on TikTok while she was on leave due to low back pain

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The

has ratified the dismissal of

cashier who, during the eight and a half months that she was on leave due to low

, uploaded several videos to the Tik Tok social network dancing and performing movements that, according to the judgment, were incompatible with the diagnosed lesion.

In this way, the High Court endorses the sentence handed down by the Burgos Social Court 2 that agreed with the company Semark AC Group SA, Supermercados Lupa, which fired the cashier when it learned of the existence of these videos that hung in an open profile on his TikTok social network.

The cashier had been working at a Lupa de Burgos since November 13, 2006 with a full-time, indefinite contract.

Since January 30, 2021, the worker was in

due to low back pain, but during her period of leave she uploaded different videos to the TikTok social network making movements incompatible with her ailments, according to the sentence.

It was a zone manager who noticed this situation and informed the company that on September 14, 2021, she was told of her dismissal, alluding to the existence of these videos.

"What was diagnosed as a short process in terms of healing, has become a viral exposure of videos that demonstrate

, and a lack of respect for the company and their colleagues," the sentence of the TSJCyL.

And he adds that these videos prove that his state of health is compatible with his position as a cashier, despite being on leave due to low back pain.

There is an appeal against the sentence before the Supreme Court.

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