Unlawful dismissal for supervening unfitness when reasonable organizational accommodations are possible

In a recent order (Cass., sez. lav., no. 15002, May 29, 2023), the Supreme Court ruled on dismissal due to supervening physical unfitness for the job, arguing that in order for the termination to be lawful, the employer must show that it was unable to make organizational adjustments that would save the employee's position.

The contribution of our Employment Law team