Decision of the Court of Cassation, Labour Section, No. 284 of 4 October 2017

The proceeding concerned a recourse from a woman undergoing hemodialysis against her dismissal by the employer. The Labor Section of the Court of Cassation has grounded its decision on, among other things, the circumstance that the definition of ‘disability’ laid down in Article 1 of the UN Convention on the Rights of Persons with Disabilities has become part of the EU law. This, in consequence of the EU ratification of the UN Convention. As a result, Article 26 of the EU Charter of Fundamental Rights, concerning the rights of persons with disabilities, must be interpreted in the light of the definition of ‘disability’ that is found in the UN Convention.