Incapacidad temporal y despido. A propósito de una sentencia del Tribunal de Justicia de la Unión Europea de 1 de diciembre de 2016, asunto Daouidi, C-395/15

Abstract

The jurisprudence of the Court of Justice of the European Union has a great importance both the evolution of our institutions legal – labour as in its interpretation in conformity with Community law. The present issue concerns qualify as discriminatory those dismissals of employees who are ill or time off sick. That’s a jurisprudential change in relation to what had been the traditional criterion of the Spanish Supreme Court, which has ruled out in a systematic manner their qualification as null. Now, the answer is not so simple, but it will be analyzed case by case the duration of the time off sick, the disease’s seriousness and the employer’s own knowledge about it.