Does COVID-19 constitute a force majeure event? Does the failure
to supply sufficient and adequate Personal Protective Equipment
constitute a breach of safety? Does COVID-19 constitute a
work-related accident or an occupational illness?
These are just a few of the questions dealt with in the recent
judgment given by the Labour Court of Teruel on 3rd June 2020. This
is, without doubt, a highly relevant judgment, not merely because
it deals with the burning issues, but because of its rigorous and
exhaustive examination of those issues over the course of its 128
pages.
The proceedings were brought at the instigation of the trade
union FASAMET against Servicio Aragonés de Salud [the
regional health authority of Aragón] ("SAS"), the
Instituto Aragonés de Servicios Sociales [the social
services institution of Aragón] ("IASS"), and the
Diputación General de Aragón [the general council of
Aragón] ("DGA"). Briefly, the judgment held as
follows:
