The first two decisions made in Spain empty the dismissal because a worker temporary disability leave. A court in Gijón and a court in Vigo implemented the new regulation 15/2022 and considered it discriminatory to fire an employee because he was ill. And so companies forced these workers to reinstate them and pay compensation. These are two leading decisions, as noted by the UOC’s Assistant Dean of Teaching. Ignasi Beltranand they represent a change of criteria in the courts, because until now layoffs of workers on sick leave were mostly classified as: unsuitableassuming there is no just cause.
The courts begin to apply the new law, known as equal treatment and non-discrimination. This includes illness and does not accept any physical or mental health-related condition as a discriminatory reason in case of termination. This strengthens warranties for workers and protects them in case companies terminate them for no reason. That doesn’t mean all layoffs of workers on sick leave are void, because they could be passed as targets if they’re claimed correctly, but if the company fires them because they’re actually sick, it increases their protection and formally makes an excuse.
“Until now, most courts have found these dismissals unjustified, as they have not demonstrated a justification for the dismissal. ABAD and when it comes to comparing leave to a disability, they considered the dismissal as null and void. They were usually cases with chronic or long-term illnesses. The new law sees temporary disability as a presuppositional reason for discrimination. And because the Labor Law outlaws discriminatory layoffs, the judges in these sentences interpret it that way.” Robert Gutierrez.
reinstatement and compensation
Two pioneering decisions regarding the application of equal treatment and non-discrimination law are articulated in two different cases. First, by date, rod and it’s about a showcase designer. The company hired him in March of this year, in June the worker reported that he had some tests and would need cervical surgery. The company offers to terminate the contract by mutual agreement and rehire him after he recovers from the disease. operation. The worker refuses and the company pays him, claiming that he “did not meet the expectations he was hired”. €453.27 and chases him away.
“panorama homeland The judge should be the subject of a very different interpretation with the entry into force of Law No. 15/2022″, explains the judge, in his sentence on the criterion change. He was dismissed because of his ethnic origin, gender or ideology, and in addition to reemployment, he was dismissed for 3,500 euros, equivalent to three months’ leave due to the operation. demanded compensation.
The other antecedent punishment is given by the social court number 1. vigo. For some welding jobs, five workers are hired and one of them takes time off due to mental health issues. A priori, medical diagnosis predicts a two-week loss. Soon after, the company fires that employee, but retains the rest.
Here, the magistrate finds it true, in the words of one of the workers who continue to work, that the victim was dismissed because he was on leave due to his “mental problems” and continues to consider the dismissal invalid. In addition, the decision also punishes the company for its transformation. agreement a Undefinedbecause he thought he was with temporary in legal fraud.
Despite all this, it obliges the company to reinstate the dismissed person and pay him 3,000 euros in compensation – given the worker’s seniority, the short time worked and the little damage caused by a single loss – demanded 10,000 euros – reinstatement and payment of unclaimed wages has already been repaired”.