The legal classification of sick leave dismissals: discrimination or discretionary decision of the employer?

Abstract

The purpose of this article is to analyze the level of the treatment by the Courts of sick leave dismissals. The aforementioned issue has not been subject of controversy lately, but this could change due to the Decision of the European Justice Court (Mohamed Daouidi vs. Bootes Plus, S. L.). The rationale for such Decision and its implementation by Employment Court 33 of Barcelona –which referred to the European Court the issue under controversy– are analyzed from a critical point of view, to determine if the rationale contained in both Decisions could justify a modiication of the legal doctrine, or if to the contrary, these criteria should remain unchanged.