The Supreme Court in Hungary has confirmed in a recent case that an employee's employment can not validly be terminated on the grounds of her long and repeated, but at all times justified, sick leave. The Supreme Court also repealed previous judgments of lower courts, according to which such excessive absence periods can justify the termination of employment where they have an adverse effect on company productivity. The Supreme Court emphasised that no such reasons could have been taken into consideration upon termination of her employment because she was not subject to performance-related problems when her health condition actually enabled her to work.
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Excessive absence from work due to intermittent sick leave is not a justifiable reason for termination of employment
- Bird & Bird
- Dr Titusz Puskár
- Hungary
- August 12 2010
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Ting Sim
Legal Counsel
Shell Eastern Petroleum