The present dissertation reflects on the expiry of the employment contract due to the supervening, absolute and definitive impossibility of the employee to carry out his usual work due to illness. As the issue in question is strongly intertwined with discrimination, we address the compatibility with the principle of equality and non-discrimination on grounds of disability in the light of European Union law. Through the investigation carried out, it is possible to conclude that the recent case-law of the Court of Justice of the European Union, especially regarding the obligation of reasonable accommodation, has a considerable impact on the protection given to these employees when they are included in the concept of disability.
|Date of Award
|18 May 2022
- Universidade Católica Portuguesa
|Catarina de Oliveira Carvalho (Supervisor)
- Right to a reasonable adaptation