Laboral - Rol N° S-11-2010

The First Labor Court of Santiago rejected claims of anti-union practices and unjustified dismissal, finding the plaintiff's dismissal null due to lack of judicial authorization for a protected union delegate, and the company's unawareness of his status.

• Nombre, a bus operator, was employed by Express de Santiago Uno S.A. from December 6, 2005, to December 2, 2009.
• On December 1, 2009, plaintiff was elected union delegate for Sindicato Interempresa N°2, acquiring labor immunity (fuero) under Article 243 of the Labor Code.
• The company received notification of the plaintiff's election on December 4, 2009, post-dismissal, and the dismissal itself occurred on December 2, 2009, citing unjustified absences.
• Plaintiff alleged the dismissal was an illegal anti-union practice and a violation of constitutional rights including freedom of work, integrity, private life, and honor, citing discriminatory motives and false reasons for absence.
• The defendant maintained the dismissal was for cause (unjustified absences) and argued they...