DW v Nobel Plastiques Iberica SA [2019]

Posted In: Case Law
  • Decision Number
    C-397/18
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Redundancy and Reorganisation, Discrimination and Equality
Issues covered: Definition of Disability; Occupational disease; Reasonable Adjustments Duty; Dismissal for Objective Reasons

On 1 July 2004, DW was employed by Nobel Plastiques Ibérica.  Assigned to the processes of assembly and shaping of plastics pipes, she was granted a reduction in working hours on the basis that she had custody of young children. DW worked a 35-hour week and worked the morning and night shifts.

DW suffered from epicondylitis, which was diagnosed on 12 September 2011 and for which she had surgery on 18 January 2012. That injury was classified as an ‘occupational disease’ and DW was temporarily unable to work for several periods between September 2011 and April 2014, and, because she had been diagnosed with an anxiety disorder, from 4 September 2015 to

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This article is correct at 12/11/2019
Disclaimer:

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.

Kevin McVeigh
Elliott Duffy Garrett

The main content of this article was provided by Kevin McVeigh. Contact telephone number is 028 9024 5034 or email kevin.mcveigh@edglegal.com

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