Ambiguous sick leave inspection: dismissal without clear proof fails

Illness and injury
Ambiguous inspection report and conservative sanction: the dismissal does not stand
Court of Cassation, Labour Division

A worker had been dismissed for just cause following three medical inspection visits during a period of sick leave. On two occasions the reports recorded an ambiguous outcome, without clarifying whether the worker had been absent or whether the doctor had failed to locate the address correctly. On a third visit, the worker had left to attend a physiotherapy session without giving the company prior notice.
The Tribunal had set aside the dismissal and ordered reinstatement. The Court of Appeal confirmed the decision, finding the first two absences unproven and classifying the third as conduct punishable under the collective agreement by a conservative sanction.
The Court of Cassation confirmed that, in disciplinary dismissals, it is for the employer to demonstrate clearly the worker’s actual absence from the declared address. A report with equivocal content is not sufficient to establish the charge. Furthermore, where the collective agreement links the conduct to a conservative measure, the court may not substitute dismissal in its place.