In a recent ruling that could have a profound impact on labor breach cases in Spain, the Supreme Court has issued a crucial verdict on the admissibility of private detective reports as evidence. This decision could change the way companies address cases of workers who claim temporary disability while performing incompatible work activities. In this article, we will explore the details of this ruling and its importance in the workplace.
On September 12, 2023, the Supreme Court issued a ruling (551/2023) that has generated a debate in the legal world. In it, the Social Chamber of the Supreme Court declared that the reports of private detectives are valid evidence for the accreditation of labor violations . The sentence was signed by judges Antonio V. Sempere Navarro (president), Sebastián Moralo Gallego, Concepción Rosario Ureste García (speaker) and Ignacio Garcia-Perrote Escartín .
The Supreme Court ruling, dated September 12, 2023, states that mere suspicions are enough to be able to turn to a detective. Faced with the Social Court and the Superior Court of Justice that declared the dismissal null and void, the High Court revokes the declaration of nullity, understanding that there was no violation of fundamental rights (reiterates doctrine).
Regarding detective monitoring and whether the existence of mere suspicions can be sufficient to justify the employer resorting to hiring the services of a detective, the Supreme Court (TS) understands that it can, appealing, among others, to the power of business management ( art. 20 of the Workers' Statute ) and the jurisprudence on the matter.
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