Laboral - Rol N° M-31-2022

El tribunal declara improcedente el despido por necesidades de la empresa, condenando a la demandada al pago del recargo legal y la devolución de descuentos al seguro de cesantía, al no acreditarse la causal invocada ni la crisis económica.

• Demandant's Claim: Nombre filed a lawsuit against Salomón Sack S.A. for unfair dismissal, alleging he was terminated as Head of Warehouse on January 28, 2022, under the guise of "company needs" after experiencing alleged hostility following a medical leave.
• Plaintiff's Core Arguments: The plaintiff contended that his role was not eliminated, as evidenced by the company's immediate search for and hiring of a replacement, and therefore the stated cause of dismissal was false. He sought a 30% legal surcharge on severance pay and the refund of a deducted unemployment insurance contribution.
• Employer's Defense: Salomón Sack S.A. argued the dismissal was justified by "company needs," stemming from a rationalization process aimed at cost reduction and staff optimization, leading to...