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Case Law C-270/16 (18/01/2018)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/18/2018

Subject: According to the Court, Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation, precludes national legislation under which an employer may dismiss a worker on the grounds of his intermittent absences from work, even if justified, in a situation where those absences are the consequence of sickness attributable to a disability suffered by that worker, unless that legislation, while pursuing the legitimate aim of combating absenteeism, does not go beyond what is necessary in order to achieve that aim, which is a matter for the referring court to assess

Parties: Ruiz Conejero

Classification: Equality - Art. 21 Non discrimination - Solidarity - Art. 30 Protection against unjustified dismissal

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