Dismissal of a worker with depression

The case reviewed by the high Court began when a worker resigned from her position, this because, in the midst of "a deep crisis of depression", after talking to a superior about the issue, she decided to leave her job since she did not feel in conditions to continue working due to the clinical condition she had. Such conditions had continuously generated incapacities that prevented her from rendering her services.

Subsequently, and after a medical diagnosis indicating that "she should not make important decisions until she showed improvement in her mental symptoms", the worker requested the revocation of her resignation and the company where she worked did not accept this request and left her contract termination firm.

As the Court indicated, "the diagnoses of the psychological situation of the woman show a mental alteration caused by a severe depressive episode", which would demonstrate that she was not in full capacity to make decisions, such as resignation, and that the same company, when processing the disability, knew of the situation of the worker.

Finally, the Court indicated that "from such concepts it is clear that the plaintiff's mental state had an impact on her cognitive, psychological and behavioral procedures, which undoubtedly leads to or translates into difficulties in reasoning, behavioral alterations and even impediments to understand reality". Based on this, the High Court determined that the resignation was invalid and ordered the reinstatement of the worker to her former position.

While it is true that this ruling has inter parts effects, that is, that only for the parties what is ordered therein will be binding, it is also clear that, based on this pronouncement, in the face of the jurisprudence, an additional burden is added to the employer: the exhaustive review of the reasons for which the worker is terminating the employment relationship; as well as a thorough review of the medical and psychological conditions that at the time of termination, and prior to this, the worker has had or has exposed; and that such conditions are triggers for making that decision.