Laboral - Rol N° O-405-2023

Tribunal laboral rechaza demanda por despido injustificado, considerando acreditada la falta de probidad del trabajador al apropiarse de un celular ajeno, desestimando la alegación de perdón de la causal.

• Factual Basis of Dismissal: The plaintiff, Nombre, was dismissed on February 2, 2023, based on alleged lack of probity (Art. 160 N°1 a) and serious breach of obligations (Art. 160 N°7) of the Labor Code, due to an incident on January 18, 2023, involving a lost cell phone.
• Court's Finding on the Incident: After analyzing video evidence, witness testimonies, and the plaintiff's confession, the court determined that the plaintiff did pick up a cell phone belonging to a cleaning staff member from the ground, contradicting his claim that it was his own phone.
• Definition and Application of Probity: The court held that probity encompasses honesty, integrity, and rectitude. The plaintiff's proven actions constituted a lack of probity, which is a grave and duly proven improper conduc...