In a decision rendered in November 2007, the social chamber of the Spanish Supreme Court rejected the request for avoidance of a dismissal lodged by an employee on a sick leave after an infarct. To support her claim, she had used the constitutionnal right to physical integrity and the principle of prohibition of discrimination. The high court confirmed its ruling which excludes illness from discrimination grounds. (Ref. 080113)
The dismissed employee had advanced the nullity of her dismissal on the grounds that this decision affected her fundamental rights. Madrid’s Supreme Court had given satisfaction to the complainant and considered that, once the right to health was acknowledged in the Constitution, “any execution of this right, such as that of recovering one’s physical integrity[editor’s note: meaning through a sick leave] cannot cause a prejudice.” In other words, the employee “cannot be subject to such a repris
…Do you have information to share with us?