Category: Dismissals
Has the debate re-opened as to whether or not dismissal during sick leave is null and void?
01/25/2017
A controversial issue in the area of labor relations has been the possible annulment of dismissal notified to a worker on sick leave, as a breach of the fundamental right of non-discrimination consecrated in article 14 of the Constitution. Until now, the Supreme Court has considered that “illness, from a specifically functional perspective of the […]
The supreme court rules that dismissals qualify as a collective layoff (redundancy) where they exceed the legal thresholds at an establishment with more than 20 workers
12/22/2016
The Supreme Court has ruled, in a judgment delivered on October 17, 2016, that for the purposes of determining the existence of a collective layoff, the reference unit must be the company, if the thresholds established in article 51.1 of the Workers’ Statute are exceeded at the company as a whole, and establishments that normally […]