Is a mutually agreed termination proposed during a sick leave period necessarily discriminatory?
Mr. [A] was hired as a general-purpose operator assistant on November 9, 2015, by Phen’x Technologies.
The employee was on sick leave from May 29 to June 15, 2018, and then from July 2 to December 21, 2018.
He was terminated on November 29, 2018, due to his prolonged absence, which disrupted the smooth operation of his department and the company.
On March 21, 2019, he filed a claim with the labor court seeking payment of damages for a void termination and, in the alternative, for termination without real and serious cause, for breach of the employment contract, and for failure to comply with the duty of care.


