Laboral - Rol N° O-6283-2015

Tribunal rechaza demanda por despido injustificado de conductor, declarando justificada la causal de inasistencia a labores en octubre de 2015 por falta de acreditación de licencias médicas.

• The plaintiff, Nombre, a driver, sued SU BUS CHILE S.A. for unjustified dismissal and collection of labor benefits.
• The employment relationship commenced on November 2, 2007, and concluded with the dismissal on October 30, 2015.
• The plaintiff claimed his dismissal was unjustified, alleging his absences in October 2015 stemmed from health issues, specifically depression and prescribed medication.
• He further claimed his psychiatrist had recommended job relocation due to his psychological state and that the employer was aware of this recommendation.
• The defendant, SU BUS CHILE S.A., asserted the dismissal was justified under Article 160 N° 3 of the Labor Code for unjustified failure to attend work.
• The defendant identified specific dates of absence in October 2015 as grou...