Santa Fe Labor Court of Appeal consider the dismissal of a man discriminatory who demanded a reduction in working hours due to mental health issues.
As appears from the file, the worker notified his employer of the situation of an innocent illness and, as a result, demanded a reduction in his working day to five hours a day while he was in treatment.
The company denied the request, arguing that the illness was not covered by section 212 LCT and that the specialist did not have the authority to order the reduction., alluding to the observance of the ordinary day. The situation after the exchange of letters led to the defendant reporting the actor’s dismissal, citing that his failure “to comply with the established schedule entails a serious violation of labor duties.”
For judges Sebastian Cesar Coppoletta, Julio Cesar Alzueta and José Maria Pfeiffer, “the actor’s dismissal was unreasonable.”given that the defendant was forced to agree to a reduction in working hours for medical reasons; on the contrary, the behavior he assumed was contrary to the relationship, behaving opportunistically and in a clear legal vacuum, tried to impose on the plaintiff damages resulting from the reduction of his working hours”, and emphasized:» Defendant’s behavior was discriminatory because when she punished for not keeping the day she intended to keep, she was in fact imposing on an actor an assumption about the effects of employment on his mental healthaffecting specially protected interests”.