Category: Dismissals
The Constitutional Court diminishes the value of agreements reached in collective dismissals
Up to recently, whether an agreement was reached with the employees’ representatives in a collective dismissal procedure was important. Reaching that agreement meant a (very) significant legal effect: the case law considered that the reasons justifying the collective dismissal had to be presumed to exist and, as a consequence of the above, the employees […]
New ground for a dismissal to be held null and void: discrimination by association
Can a dismissal be discriminatory based on gender and, therefore, null and void, even though the employee that has been dismissed does not form part of a legally protected group? The conclusion reached by the Labor Chamber of the High Court of Justice of Galicia, in its judgment of March 4, 2021, was that […]
From Jägermeister to justified dismissal: controversial conduct by workers on sick leave
Although certain sources claim that the famous German liquor Jägermeister was used during the Second World War by soldiers as an anesthetic and disinfectant, we are still unaware (at least officially) of its properties in dealing with anxiety and depression and its consumption by workers on sick leave could be questioned. We begin with […]
Can an algorithm decide a dismissal?
More and more companies are deciding to use artificial intelligence systems to manage their resources, which raises a number of legal questions and the need for regulation, due to the practical problems that may arise in the use of this technology. However, would the dismissal of a worker be valid if it is based on […]
Uncertainty continues to surround the supposed prohibition to dismiss workers on COVID-19 related grounds
The supposed prohibition of dismissal continues to give rise to contradicting judgments by the labor courts. In times of economic uncertainty, the controversial clause that is intended to limit dismissals is creating legal uncertainty both for businesses and workers. Up until now, while we wait for the Supreme Court to unify the criteria, contradictory decisions […]
Can COVID-19 be considered a stigmatized illness for characterization of a dismissal in Spain?
The court judgments that have ruled so far on the characterization of dismissals due to reasons related to COVID-19 -of which a few were described in our October 1, 2020 post-, have done so by interpreting the “dismissal ban” contained in article 2 of Royal Decree-Law 9/2020, which has been extended to remain in effect […]