Year: 2013
Type: article
Study design: Case Report
Abstract: We describe the case of a worker with bipolar disorder who was terminated for incompetence, following a determination of being unfit for duty based on a periodic medical examination. The judge reversed the dismissal on the basis of failing to comply with the provisions of Article 52 a) of the Spanish Workers' Law. Social and labor integration of people with bipolar disorder presents challenges due both to the clinical characteristics of the disease and its chronic course, and the limitations associated with continued treatment. These situations can benefit from an evaluation of fitness for duty by an occupational physician and the implementation of preventive measures by the company, as it is necessary to exhaust all options before considering an extreme decision such as work unfitness and subsequent termination. The initial objective should be the social and labor integration of the affected worker, while minimizing risk to self and others.
Authors: Mª Teófila Vicente-Herrero, Miguel Ruiz-Flores Bistuer, J. Ignacio Torres Alberich, Luisa M. Capdevila García, Mª Victoria Ramírez Iñiguez de la Torre, Mª Jesús Terradillos García, Ángel Arturo López-González
Language: Spanish
Topic: Labor Law and Work Dynamics
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W2323719221