Informe pericial psicológicoAgorafobia, funcionamiento laboral y extinción laboral

  1. Víctor Dujo López
  2. Pedro José Horcajo Gil
Journal:
Psicopatología Clínica Legal y Forense

ISSN: 1576-9941

Year of publication: 2016

Volume: 16

Issue: 1

Pages: 129-143

Type: Article

More publications in: Psicopatología Clínica Legal y Forense

Abstract

Disciplinary dismissal, under Articles 54 and 55 of Workers’ Rights Act (Royal Legislative Decree 2/2015 of October 23rd), can be defined as termination of the employment by the employer based on the worker’s failure to fulfill the contractual obligations. Supreme Court states disciplinary dismissal must be fulfilled if serious infringements and a certain degree of guilt exist on the side of the employee. Therefore, backgrounds records and concurrent circumstances must be evaluated. This paper approaches a forensic report in the context of a disciplinary dismissal as a result of lack of punctuality, unjustified and repeated absences from an individual diagnosed with Recurrent-Depressive Disorder, Generalized Anxiety Disorder and Agoraphobia. Taking into consideration the incapacitating impact of agoraphobia symptoms on the person assessed, the report submitted is aimed to evaluate contingency between the set of symptoms described above and interference in job performance.