The Labor Chamber of the Supreme Court of Justice decided an extraordinary remedy filed the plaintiff, against the judicial ruling issued by the Labor Court from Medellín on April 8, 2010.
Regarding the termination of the employment contract with just cause of a disabled person after the day 180 of sick leave, the Court considered in its decision that:
“the employer may validly allege this specific cause of termination of the employment agreement. Nevertheless, if it is related to the health condition of the employee, who in those situations may be under a state of high vulnerability, it is necessary that the employer first requests to the labor office the authorization of Article 26 of Law 361 of 1997 and the Ministry of Labor can determine if the employee has opportunities to be reinstated in the position or not. Notwithstanding, if there is no administrative permission at the employment’s termination, and the employer proves before a judge that the real reason of the dismissal was not the disability and instead it was for the alleged just cause, the dismissal will turn valid.”
The Supreme Court stablished in this case that the dismissal was valid stating that the Labor Court from Medellín was not wrong given that the reinforced labor stability did not apply for the plaintiff. The plaintiff was dismissed based on a just cause, this means, the non-professional sickness of the employee whose healing was not possible during 180 days (number 15 lit. a) of Article 62 of the Colombian Labor Code. In addition, the defendant did not dismiss the employee based on discrimination, given that it was evidenced that the company waited until the plaintiff was qualified with more than 50% of loss of his work capacity that allows him to obtain a disability pension.