Simple medical rest and its value as an indication of discrimination based on health condition or disease status

Abstract

The doctrinal analysis in question deals with Ruling 1057/2024 (Rº. 3487/2023), of April 16, of the Social Chamber of the Superior Court of Justice of the Valencian Community, which sheds light on the indications that can operate -or rather, that do not operate- in the reversal of the burden of proof in possible situations of discrimination linked to the condition of health or the situation of illness. The STSJ of the Valencian Community concludes that, in this specific case, the mere attendance and medical rest is not sufficient evidence to reverse the burden of proof, declaring the dismissal to be unfair and not null and void. The company provides facts that manage to disprove the harmful intention of the fundamental right to non-discrimination, linked to disagreements between the worker and the company at the time of providing the services.