Navas v Eurest Colectividades SA - overlap between "sickness" and "disability" - ECJ Case C-13/05 on 11.7.2006
Ms Chacón Navas was dismissed by Eurest while on sick leave. Eurest accepted that her dismissal was unlawful and offered compensation. However Ms Navas pointed out that under Spanish law, which applied, a dismissal is void if it amounts to disability discrimination and she demanded reinstatement. The employer refused, arguing that sickness is not expressly referred as a "disability" in Spanish anti-discrimination law. The ECJ was asked to rule on the proper interpretation of "disability" (ie under Directive 2000/78).