DLP Insights

Disabled person with a guaranteed job (Court of Cassation, Labour Division, Judgment No. 24091 of 13 November 2009)

Catégories: DLP Insights, Case Law

18 Jan 2010
The Court of Cassation has clarified that dismissal of a disabled person working when there are jobs in the company which are compatible with his/her disablement, even if covered by other employees, is unfair. In fact, the employer prior to withdrawing from the relationship, shall not only find duties which are congenial to him/her, but also – if necessary – re-allocate tasks amongst already employed workers in order to ‘guarantee’ the job of the disabled person. Solely when the operation proves to be impossible, may the entrepreneur thus lawfully order the relevant dismissal.

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