Ex-Lidl employee withdraws injury claim after gym video

A former Lidl employee who claimed she had injured her back at work has withdrawn her High Court action after a video was shown of her exercising at a gym.

On the second day of the action by Ewa Ledzinska, the court was shown video evidence taken by a private investigator hired by Lidl which showed her in recent days running on the spot, lifting weights and doing burpees in an exercise session lasting half an hour.

Lidl’s barrister Finbarr Fox had put it to her in the witness box that she was “fit enough to be in the army”.

Ms Ledzinska, who had told the court she was in constant pain with her back said for her it was “stretching and cardio”.

The 42-year-old from Kildare town sued Lidl Ireland claiming she sustained a severe back injury as a result of her working conditions.

She said it began in 2021 when at the Newbridge branch she lifted a 25kg box for the special offers aisle. She said she has pain and “problems moving” and wakes up for two to three hours every night.

She said she had not worked since and was on an invalidity pension.

Ms Ledzinska claimed €300,000 in special damages.

After showing the video in court Senior Counsel Finbarr Fox put it to Ms Ledzinska that she told the judge that she was only able to do gentle pilates.

“You didn’t tell the judge about this. It’s very very far away from gentle pilates,” he said.

He said she had portrayed herself as a woman who was struggling with a disability and who could not walk for more than ten minutes and here she was doing intense vigorous training.

Ms Ledzinska replied: “I have two legs; I have two arms and I am not in a wheelchair. I still have pain.”

She said she had strong legs but not a strong back.

She agreed it was not gentle pilates and said she started to go to the gym last February but had a break in March because it was so sore for her before resuming gym work again.

Counsel put it to Ms Ledzinska that she had allegedly “conned the Department of Social Protection and you should not be on an invalidity pension no more than the man in the moon”.

Ms Ledzinska replied that to get her invalidity pension she had to send in her MRI scan results.

Counsel put it to her that she had deliberately sought to mislead the court on the level of her injury.

Judge O’Higgins intervened and said he would adjourn for a short time as there were issues to be discussed between the parties.

He advised Ms Ledzinska to listen to her legal advisors.

When the court resumed, Counsel for Ms Ledzinska, Michael Byrne SC told the judge it had been a difficult case and that Ms Ledzinska was now withdrawing her claim and her case could be dismissed.

She had also agreed that she would make a contribution to the legal costs of Lidl.

Ms Ledzinska was not in court for the withdrawal of her claim.