Las absences from work due to illness are, in some cases, considered to be a due cause of dismissal from employment. The conflict is driven by the business interest in combating absenteeism at work, on the one hand, and the fundamental rights of the worker, on the other. In addition, recent court rulings at European level tend to be increasingly assimilated to illness with disability, with the consequence that dismissals based on this ground are null and void due to their discriminatory nature. The judgment under analysis provides interesting elements for the discussion on labour rights, conflict of rights and balancing, as well as proportionality of rights restrictive measures. Absence from work due to death is considered, in some cases, a just cause for dismissal. The interest in fighting absenteism normally clashes with the fundamental rights of the workers. In addition, recent judicial Pronouncements at a European level tend to assimilate illness with disability, which leads to the subsequent nullity of Dismissals based on this cause for its discriminatory character. The holding by analysed offers interesting elements for the debate on work rights, conflict of rights and balancing, as well as the proportionality of legal measures restrictive of fundamental rights.