Voluntary leave, unfair dismissal and recognition of benefits (regarding the High Court Ruling of 14 March 2019)

Abstract

The ruling in question lays down the recognition of unemployment benefits in a situation in which the worker on voluntary leave asks to re-join the company and is refused due to an alleged lack of a vacancy. The consequences of this refusal include the consideration of unfair dismissal due to conciliation and the obligations and rights which said situation entails for both the worker and the employer in terms of Social Security registration.

The various elements that the court takes into account are analysed on a doctrinal and jurisprudential journey.