For the dismissal of a pregnant woman to be invalid, the employer has to be aware that the woman is pregnant when he makes his mind, states a Supreme Court, ending a long controversy. (Ref. 061109)
The court was ruling on the case of a hotel business employee, in the Cantabrie area, laid off in July 2004 because she had discussed one of her superior’s command. Two days after she was dismissed, the woman took a pregnancy test, which turned out to be positive. Her case could have, a priori, been included in article 55.5b in the workers’ status, which declares null and void the dismissal of pregnant employees “as from the date of the beginning (of the pregnancy).” The work jurisdiction and
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