Leave instead of a long-haul trip? Emaya employee in Bali triggers employment-law repercussions

Leave instead of a long-haul trip? Emaya employee in Bali triggers employment-law repercussions

Key question: Can leave granted for union work become a private long-haul trip — and how should this be examined legally?

On 28 November 2025 a case came to light that has been appearing in many conversations on the small squares and in cafés across Palma: an employee of Emaya, the municipal utility, is suspected of having used his union leave for a private trip to Bali. The suspicion arose when the man submitted a medical certificate from Bali after an accident there. Officially he had not applied for regular vacation; instead he was absent during a period of leave.

Critical analysis: The case is not only a personnel matter. It touches on the rules for special leave, the trust between employer, employees and unions, and the control mechanisms in municipal enterprises. A medical certificate from abroad does not automatically prove fraud. However, it raises questions: Why was the trip not officially reported? Were there clear agreements between the union, the employee and Emaya? And how robust are the internal checks before such a severe measure as dismissal without notice is threatened?

What has been missing in the public discourse so far: the legal limits of union leave, Emaya's internal guidelines and the role of unions in supporting their members. The public and those affected often hear only the short message “suspected abuse” or “dismissal without notice threatened.” Exact facts about the duration of the leave, records of working time or specific agreements remain unmentioned. Without these details it is difficult to judge whether the employer's actions are proportionate or whether the employee is being unfairly exposed.

A scene from everyday life: on a windy morning along the Passeig Marítim you can see Emaya vans passing by, workers with orange in their hands taking a break at a bus stop. The smell of freshly baked ensaimadas mixes with the honking of buses. Such images show that Emaya is part of everyday city life. If now an employee stands at the center of a dismissal debate, colleagues feel it immediately — at the coffee counter, when handing over keys, in scheduling jobs.

Concrete solutions: First: transparent rules. Emaya and other municipal utilities should publish binding guidelines for leave: purpose, duration, and reporting obligations. Second: verifiable processes. Digital attendance or deployment records for periods of leave can prevent misunderstandings without undermining unions' rights. Third: mediation instead of escalation. In case of uncertainties a neutral mediation body should be involved — a combination of HR, a union representative and an external reviewer. Fourth: proportionality as a standard. Disciplinary measures must be graduated: clarification, hearing, and, if necessary, sanction — the immediate threat of dismissal without notice should remain the exception. Finally: prevention through training. Employees and works councils need clear information about what leave permits and what it does not.

Why this debate matters for Mallorca: municipal utilities like Emaya ensure water supply, waste collection and clean streets. A loss of trust between staff and employer can have real consequences: less flexibility, poorer deployment planning, concern for colleagues. You notice it quickly on Palma's streets — when a team is missing, cardboard boxes remain longer at the curb and reports pile up at headquarters.

Concise conclusion: The suspicion of misuse of leave is serious and must be investigated. But legal protection only works with transparent rules, fair verification mechanisms, and the goal of preserving employment relationships rather than destroying them hastily. Emaya stands here as an example of a broader task: designing municipal transparency in a way that provides legal certainty for employees and trust for the public.