Legal News – February 2026
The Andalusian High Court rules a dismissal unfair due to insufficient evidence
The Andalusian High Court of Justice has declared the dismissal of a Neuroinvest employee unfair after finding that the company failed to sufficiently substantiate the grounds for termination. However, the court rejected the claim of nullity based on an alleged attempt by the employee to secure special protection. The ruling highlights the importance of supporting any dismissal with clear, concrete and verifiable evidence.
Employee seeks nullity of dismissal after being caught working during sick leave for anxiety
A female employee was discovered working at her husband’s restaurant while on medical leave for anxiety. Following her dismissal, she claimed that the termination should be declared null due to an alleged violation of fundamental rights. The court dismissed this claim and upheld the employer’s decision, considering the conduct incompatible with a situation of temporary incapacity.
Supreme Court sets limits on changing collective agreements without reducing pay
The Spanish Supreme Court has clarified that companies may change the applicable collective agreement provided there is an objectively justified reason, proper negotiation with employee representatives and full maintenance of previous remuneration. The ruling upheld the change implemented by SERMICRO, concluding that it reflected the company’s actual activity and was not aimed at reducing costs. The Court stressed that such changes cannot be made unilaterally and must strictly follow legal procedures.