translated from Spanish: Court held demand for worker of Lucchetti, who was dismissed for attending a funeral

the second Court of letters of the work of Santiago was a lawsuit filed by a worker of the company’s food Tresmontes Lucch ETTI S.A., who claimed to have been dismissed in a manner unjustified by attending a funeral. In the ruling, judge Liliana Ledezma Miranda welcomed the appeal by the operator verbally, fired after travelling with the employer’s permission to Concepcion to be the last goodbye of his grandmother. According to the text issued from the work instance, “the sayings of the plaintiff prove to be more consistent with logic rules and maxims of the experience, as well as other test rendered at trial, even with that provided by respondent itself, thus” Bearing in mind that a verbal dismissal exists evidentiary difficulty for the worker, test context turns out to be decisive at the time of forming the conviction in the Court”.” In the species, according to this judiciary the actor obtained permission to leave the day Wednesday 15 November, having not been proven that such permission was granted by a greater number of days, on Friday 17 November when the worker communicates with its This employer comes to his verbal dismissal, which motivates clearly consecutive absences of the actor, with the understanding that he already had been dismissed,”the ruling continued. The Court determined that the company should pay $434.680, by alternative compensation for the notice; $1.304.040, for compensation for years of service; and $652.020, by 50%. Apart from this, except for compensation filed by the defendant for the sum of $550.871 was taken.

Original source in Spanish