Daouidi v Bootes Plus SL Posted In: Case Law
Case ReferenceEUECJ C-395/15
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionSickness and Absence, Discrimination and Equality
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.