Padel During sick leave: dismissal cancelled and 18 months' salary to be won

This could have happened in France. But this time, the story comes from Italy, reported by the Italian press, and could set a precedent: playing padel while on sick leave, is it a fault or not?

Un dismissal during sick leave related to padel raises legal questions. According to information reported by the Italian media outlet Il Resto del Carlino, an Italian employee was sanctioned after engaging in sports activities during her sick leave, before the courts ruled her employer's decision... disproportionately The court ultimately ordered the company to pay compensation equivalent to 18 months salary , believing that the padel during sick leave had not had any impact on his state of health.

Dismissal following a period of sports activity while on sick leave

The case concerns an experienced employee who has worked in the retail sector for nearly thirty years. Following a fracture of the thumb she is placed in work stopping During this period, she was seen playing padel at a sports facility.

Although this practice took place outside of medical check-up hours The employer considers this a breach of conduct and initiates disciplinary proceedings. These proceedings result in a dismissal for misconduct based on the idea that sporting activity would be incompatible with the declared medical condition.

Padel During sick leave: dismissal overturned and 18 months' salary awarded — CP IA

The court rules: a punishment deemed disproportionate

Having taken up the case, the competent court focused on two elements: the existence of a possible medical injury and the impact of the activity on the duration of the shutdown.

According to the court, there is no evidence to demonstrate that the practice of padel has aggravated the injury or delayed healing. Consequently, the dismissal during sick leave is considered as illegitimate because the sanction appears excessive in light of the alleged facts.

The employee is not reinstated, but obtains a substantial compensation , set at eighteen months' salary.

Sick leave and duty of loyalty: a boundary to be clarified

The ruling reiterates that if an employee on sick leave remains subject to a duty of loyalty to one's employer Not all activities are automatically prohibited.

In this specific case, the practice of sport was not deemed incompatible with the state of health. The court also emphasizes that the dismissal without notice should be reserved for more serious situations, such as fraud or faking illness.

This case reignites the debate surrounding padel and labor law.

Always according Il Resto del CarlinoThis case could serve as a benchmark in similar disputes. It clearly raises the question of compatibility between sports activity and sick leave , particularly for sports like padel, which are experiencing strong growth.

Beyond this case, the decision highlights an evolution in legal interpretations: the essential point no longer lies solely in the activity carried out, but in its real health consequences of the employee.

Franck Binisti

Franck Binisti discovered padel at the Club des Pyramides in 2009 in the Paris region. Since then, padel has been part of his life. You often see him touring France to cover major French padel events.