Despido en situación de baja por ausencias al trabajo y desobediencia.Comentario a la STSJ de Andalucía, Sevilla, de 26 de octubre de 2022
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Universidade de Vigo
info
ISSN: 2444-3476
Year of publication: 2023
Issue: 266
Pages: 187-196
Type: Article
More publications in: Revista española de derecho del trabajo
Abstract
The judgment of the TSJ of Andalusia (Seville) of 26 October resolves the appeal lodged by the company against the ruling of the Social Court which declared the unfair dismissal of the worker. The grounds for dismissal were repeated absences from work and disobedience. However, the worker’s state of health, as evidenced by her medical leave, justifies the alleged breaches. After the Law 15/2022, if the worker provides evidence of discrimination due to illness or state of health and the employer does not show any reason to justify the fair dismissal, the dismissal would probably be declared null and void.