The case law is inconsistent.
Certain decisions take the view that an employee who falls ill after being suspended, but before dismissal, is protected against dismissal.
The employer is therefore required to await recovery from the sickness before declaring a dismissal. The prohibition of dismissal gives rise to a concomitant suspension of the time limit of 8 days.
According to other decisions, the dismissal procedure having been validly commenced, protection against dismissal could not be relied upon. Thus, in a judgment, the labour court took the view that an employer who had given notice that his employee was suspended, even though advised subsequently of his employee’s incapacity for work, could dismiss him within a period of 8 days.