Dismissal was considered unfair by the Madrid court – but the court does not think there was discrimination for illness or disability.
An employee was farewell management of a company, which considered that the employee was having a “Mal performance”.
The case happened in Spain: it involved a service company and a worker who had overcome a cancer and that, as a result, had presented a recognized disability of 24%.
The employee worked in the Department of Human Resources; had an indefinite employment contract.
In 2016, a cancer was diagnosed. Was low Medical for temporary disability until May 2018; That’s when he returned to work after completing the treatment.
But it got sequelae Cancer and treatment – therefore presented a medical certificate that showed a carrier of 24% disability, reports the.
It has passed five years. In July 2023, the company made a restructuring internal. The employee in question warned the administration that It was not well fitted to his new tasks.
About half a year later, in February 2024, it was farewell. The company claimed that the worker presented a “Voluntary and continuous decline in performance of the functions attributed to him in his contract ”.
The case went to tribunal. The employee contested the decision.
Now, the Madrid Superior Court considered that the dismissal was unfair: The company did not have sufficient justification for the termination of the contract. There were not enough grounds, no evidencefor such a “voluntary and continuous decline” in your work.
However, the Court discarded any discrimination for illness or disability – and, therefore, rejected annul The dismissal, put it without effect (that was what the worker had asked). Unjust dismissal yes, but null not.
This decision makes the company pay to the worker a compensation of 63,577.10 euros. Or, as an alternative, re-hire it.
