Laboral - Rol N° T-1612-2020

Tribunal laboral rechaza acción de tutela por vulneración de derechos fundamentales pero acoge demanda subsidiaria por despido injustificado, condenando a la demandada al pago de recargo legal e indemnización.

• Plaintiff Nombre filed a lawsuit against Fundación DEM, alleging violation of fundamental rights (tutela) due to alleged retaliation for union activity and freedom of expression, and subsidiarily, for unfair dismissal.
• The plaintiff sought specific remedies including an additional indemnity (Art. 489 C.T.), a 30% surcharge on severance (Art. 168 C.T.), and the refund of the employer's contribution to unemployment insurance.
• The plaintiff was employed as a technical advisor from February 1, 2019, to July 24, 2020, and was an active union member since March 28, 2019.
• Workers, including the plaintiff, raised concerns about pandemic working conditions, workload, mental health, and lack of employer support, which were formalized in a complaint letter dated June 24, 2020.
• The ...