Daouidi v Bootes Plus SL [2016] EUECJ C-395/15

Temporary incapacity can be a disability

Mr Daouidi worked as a kitchen assistant in a hotel owned by Bootes Plus, initially on the basis of a contract of occasional employment and thereafter on a full time employment contract. Shortly afterwards he slipped on the kitchen floor and dislocated his left elbow. He commenced the procedure to have his temporary incapacity for work recognised. Whilst he was still unable to work, he received notice of disciplinary dismissal from Bootes Plus.