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Trib. Milano, sez.lav., 24.9.2018, est. Colosimo
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Discrimination on grounds of disability – Dismissal for exceeding sick leave – Employee with disability – Failure to discount disability related absences from sick leave calculation – Indirect discrimination – Existence - duty to adopt reasanable accommodations
The provision of a collective agreement limiting the sick leave period to a maximum of 180 days of absence, allowing the termination of the employment relationship once the period has been exceeded, cannot be applied to workers with disabilities as it would cause indirect discrimination. Such provision must be interpreted in accordance with the Directive 2000/78/EC principles, as implemented by the Italian Legislative decree no. 216/2003, and the EUCJ rulings, by which disability related absences should be removed from the sick leave calculation.
Su licenziamento per superamento del periodo di comporto e divieto di discriminazione per disabilità leggi il commento di Roberta Bono