Termination without cause of a worker with bipolar disorder

• Published in: Archivos de prevención de riesgos laborales Vol. 16; no. 1; p. 24
• Main Authors: Vicente-Herrero, María Teófila, Ruiz-Flores, Miguel, Torres, J Ignacio, Capdevila, Luisa, Ramírez, María Victoria, Terradillos, María Jesús, López-González, Ángel Arturo
• Format: Journal Article
• Language: English; Spanish
• Published: Spain 01.01.2013
• Subjects: Bipolar Disorder; Employment - legislation & jurisprudence; Humans; Male; Spain; Spain
• ISSN: 1138-9672
• DOI: 10.12961/aprl.2012.16.1.05

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.