Has the debate re-opened as to whether or not dismissal during sick leave is null and void?
A controversial issue in the area of labor relations has been the possible annulment of dismissal notified to a worker on sick leave, as a breach of the fundamental right of non-discrimination consecrated in article 14 of the Constitution.
Until now, the Supreme Court has considered that “illness, from a specifically functional perspective of the inability to work, is not a discriminatory factor, strictly speaking”, therefore having rejected claims for annulment of dismissals and declaring them unjustified when there were insufficient grounds for justified dismissal.
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