Title DISMISSAL OF THE ILL EMPLOYEE: PROCEDURAL INCORRECTNESS OR NULLITY?
Authors VELASCO PORTERO, MARÍA TERESA, VELASCO PORTERO, MARÍA TERESA
External publication No
Means Rev. Gen. Derecho Trab. Segur. Soc.
Scope Article
Nature Científica
Area International
Publication date 01/12/2014
ISI 000421167600006
Abstract The dismissal of an employee in the context of ill health is a contentious issue, as it may conflict with fundamental rights and corresponding nullity. Part of the judicial doctrine has considered it null, while the Supreme Court ruling deems it inappropriate. The criteria of the Court of Justice have been ratified by the Constitutional Court and by the Ruling of the Court of Justice of the European Union of 11 July 2006. Nevertheless, the recent ruling of the Court of Justice of 11 April 2013, which reconsiders and clarifies the equating of illness with disability, has reopened the debate.
Keywords Dismissal; incorrect procedure; nullity; illness; disability
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