Employer sentenced for not having taken appropriate measures for employee with a disability
Employers are obliged to take appropriate measures to enable employees with a disability to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose a disproportionate burden on the employer. Not taking such appropriate measures is considered as a discrimination.
The employee recovered from cancer and requested to resume work part-time, after a long period of absence (2 years). The employer did not see how the employee could be reinstated, since her position had been taken over by others. The employer dismissed the employee and payed compensation in lieu of notice. In a decision of 20 February 2018, The Labour Court of Brussels sentenced the employer to pay an additional indemnity for not having taken appropriate measures to reinstate the employee. The Employment Tribunal of Leuven had initially turned down the employee's claim.
The text of the decision can be consulted on https://www.unia.be/files/arrest_kanker_redelijke_aanpassingen.pdf ■