VELASCO PORTERO, MARÍA TERESA
No
Rev. Gen. Derecho Trab. Segur. Soc.
Article
Científica
01/12/2014
000421167600006
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.
Dismissal; incorrect procedure; nullity; illness; disability