Daouidi v Bootes Plus SL [2016]

Posted In: Case Law
  • Case Reference
    EUECJ C-395/15
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Absence and Sickness, Discrimination
Issues covered: Directive 2000/78/EC; Equal Treatment in Employment and Occupation; Disability Discrimination; Temporary Incapacity

The claimant in this case was a Barcelona chef who hurt his elbow at work and was dismissed after six months' incapacity. The prognosis was uncertain at the time of dismissal. Could he have been disabled and therefore protected under the Directive and related domestic legislation?

The answer appears to be yes - but each case must be determined on its merits by domestic courts:

"– the fact that the person concerned finds himself or herself in a situation of temporary incapacity for work, as defined in national law, for an indeterminate amount of time, as the result of an accident at work, does not mean, in itself, that the limitation of that person’s capacity can be classified as being

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This article is correct at 07/12/2016

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