Laboral - Rol N° O-3656-2021

Tribunal laboral acoge parcialmente demanda por despido injustificado, condenando a Dimar 2 y Arauco por deudas e indemnizaciones, pero limita la nulidad del despido a Dimar 2, rechazando lucro cesante y unidad económica.

• Plaintiff Nombre was employed from October 7, 2019, as a jornal, initially by Constructora Dimar 2 and later by Constructora Dimar Edificaciones, for the "Vía Aurora" project.
• The employment contract, initially fixed-term, was extended until the completion of the "Hormigón Fundaciones Sector Sur" project.
• The plaintiff claimed unpaid overtime due to a discrepancy between scheduled and actual working hours, and that these were not paid for the last six months of employment.
• Plaintiff's monthly remuneration was $531,875, composed of base salary, legal gratuity, and transport/meal bonuses.
• The dismissal occurred on November 29, 2020, attributed by the employer to company needs arising from the paralysis of the work due to contractual breaches by Inmobiliaria Arauco S.A.
• T...