Dismissal on Objective Grounds for Lack of Aptitude and Reasonable Accommodation

Commentary on Supreme Court Ruling 1284/2025 of 22 December

Abstract

The ruling under review holds that dismissal on objective grounds for supervening unsuitability cannot be based automatically on a declaration of unfitness issued by the occupational health service, since that declaration must specify the employee’s limitations and their impact on the position held. Furthermore, where the unsuitability stems from physical or mental impairments, the employer must prove that it previously implemented reasonable accommodation measures or attempted to reassign the employee to a compatible position. The author views this approach favourably, as it is consistent with the case law of the Court of Justice of the European Union, while criticising the Supreme Court for not having examined more closely either the legal basis of that requirement or the possible nullity of the dismissal where the failure to adopt such accommodations amounts to discriminatory conduct.