Dismissal on grounds of incapacity: the failure to comply with the safety obligation which led to incapacity shall not be subject to limitation

An employee dismissed for incapacity challenges her dismissal before the judge and seeks compensation from her employer for breaches of her safety obligation.

The Court of Appeal declared the employee’s application inadmissible. In its view, claims relating to the employer’s failure to comply with its safety obligation are time-barred. The 2-year period available to the employee to seek compensation for breaches of her employer’s safety obligation had expired. This period begins on the date of the work stoppage according to the Court of Appeal. The employee is appealing to the Court of Cassation.

The Court of Cassation quashes and quashes the appeal decision. Firstly, it recalls that the dismissal on grounds of incapacity has ‘no real and serious cause’ where the incapacity results from the employer’s failure to fulfill its safety obligation.

Next, it states that an employee who takes action within the time limit (1 year) to challenge his dismissal on grounds of incapacity may rely, without delay, its incompetence is the consequence of the employer's failure to fulfill its safety obligation.

So it is now possible to challenge a dismissal on grounds of incapacity on the grounds of the employer's failure to comply with the safety obligation without observing a limitation period.