Laboral - Rol N° T-109-2022

A labor court rejected a claim of discriminatory dismissal due to health issues, finding insufficient evidence, but ordered payment for unjustified dismissal and restitution of unemployment fund contributions.

• Nature of the Claim: This is a labor lawsuit filed under the 'tutela laboral' procedure, alleging violation of fundamental rights (equality, non-discrimination) upon dismissal, with a subsidiary claim for unjustified dismissal.
• Employment Contract: Claimant Nombre was employed by Comercial Eccsa S.A. (Tienda Ripley) on January 9, 2006, for an indefinite term as a cashier/saleswoman. Her last monthly remuneration was $1,594,668.
• Dismissal Details: The employment contract was terminated on July 25, 2022, by the employer citing 'needs of the company' (Article 161, first paragraph, Labor Code). The stated reason in the dismissal letter was an internal restructuring process, reorganization, reassignment of functions due to low productivity, and a need to reduce company costs.
• C...