European Employment Law Cases

Case Reports

2020/14 Sickness absence related to employee’s disability (DK)

Keywords Disability Discrimination, Unfair Dismissal
Authors Christian K. Clasen
Author's information

381452 Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding, Copenhagen.
  • Abstract

      Recently, the Danish Eastern High Court found that an employee’s sickness absence was a result of the employer’s failure to comply with its obligation to offer reasonable accommodation for the employee’s disability. For that reason the employee, who was dismissed in pursuance of the Danish ‘120-day rule’, was entitled to compensation for unfair dismissal under the Danish Anti-Discrimination Act.

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