Dismissed Worker
Dismissal for disability
Dismissal for disability
- Justification of dismissal on the grounds of disability shall be judged reasonably by taking into account the following circumstances comprehensively (Supreme Court Decision Dec.6, 1996, 95 Da 45934) :
· How the worker suffered physical disability and whether the accident was attributable to the employer or caused by a job injury
· The duration of treatment for workers and the degree of loss of labor capacity after treatment is completed
· Characters and contents of the work that the employee was in charge of at the time of the accident
· The existence and contents of the work that an employee can handle with his or her remaining labor capacity
· Whether the employee with physical disability has been given consideration, such as coordinating the work in charge, to return to work
· A worker's adaptation effort to take on new tasks with the care of the employer