Suprema - Rol N° 4565-2008

La Corte Suprema rechaza recurso de casación en el fondo, confirmando sentencia de instancia que desestimó demanda por despido injustificado, al no acreditarse la justificación de las ausencias laborales del trabajador.

• Worker Nombre filed a lawsuit against employer Nombre seeking a declaration of unjustified dismissal and payment of indemnities, legal surcharges, adjustments, interest, and costs.
• The employer justified the dismissal by invoking Article 160, No. 3 of the Labor Code, based on the employee's unjustified absence from work on June 27, 28, and 29, 2007.
• The employee contended that his absences were justified due to a lumbar condition, known to the employer, which developed from his work and rendered him unable to attend his duties.
• The trial court rejected the demand, and the Court of Appeals confirmed this decision.
• The employee appealed to the Supreme Court via a cassation appeal in the fondo, alleging legal errors that influenced the lower courts' ruling.
• The e...