Suprema - Rol N° 2195-2009

La Corte Suprema declaró justificado el despido de una trabajadora por ausencias no acreditadas, revocando sentencia anterior y aplicando normas sobre carga probatoria y sana crítica laboral.

• An employee claimed phone notification and employer acceptance justified absences on November 8 and 9, 2005.
• The employee bore the burden of proving the legitimacy of her work absences, as per Article 1698 of the Civil Code.
• The employee failed to present any evidence to substantiate her assertion that absences were justified.
• The employer invoked Article 160, numeral 3 of the Labor Code, asserting dismissal was lawful due to unjustified absence.
• The employee's direct supervisor testified that the employee was informed that absences required medical justification.
• A colleague from the defendant's operations department stated ignorance regarding whether the employee's absences were justified.
• Tribunals must assess evidence under critical reason ('sana crítica') and explain rea...