A doctor’s certificate is not absolute evidence

An employee sued in court for untimely dismissal. He was personally dismissed during an interview on 30 March 2020. He then submitted a doctor’s certificate to his employer on 1 April 2020, certifying that he was completely unable to work from 20 February to 9 April 2020.

The Federal Supreme Court dismissed the claim for invalidity of the dismissal. It concluded that the doctor’s certificate was not suitable as proof of the alleged incapacity to work due to illness at the time of the dismissal. There was no evidence of incapacity for work at that time on the basis of the files. The employee did not mention his alleged inability to work during the interviews on 28 March or 30 March.

Also, the doctor had apparently issued event-related certificates in the past, which served to extend holidays. The dismissal is valid. (Source: BGE 8C_607/2021 of 19.1.2022)