Employment contract termination for health reasons allowed; employer failed to accommodate medical restrictions before dismissal.
Legislator summary
AI generatedThe court ordered the termination of the employment contract with a severance payment of €4,000 to the employee. The employer argued that the employee's inability to perform heavy lifting justified dismissal, but the court found the employer failed to engage in a dialogue regarding the medical restrictions. Consequently, the court ruled that the employer bore significant responsibility for the breakdown of trust and must compensate the employee.
Legislator headnote
AI generatedArbeidsovereenkomst; Ziekte; Deskundigenoordeel; Accommodatie; Ontbinding: When an employer dismisses an employee based on medical restrictions without first attempting to accommodate those restrictions through dialogue, the employer bears responsibility for the loss of trust and must provide severance.