Improcedencia del despido con justa causa por uso indebido del correo electrónico
Author | María Verónica De Jorge Ameijeiras,Diego Fernández,Diego S. Kelly |
Date | 14 June 2017 |
Published date | 14 June 2017 |
Law Firm | Marval O'Farrell Mairal |
El 17 de febrero de 2017, la Sala II de la Cámara Nacional de Apelaciones del Trabajo, en los autos “Pérez, Pablo Martín c/ Sprayette SA y otro s/ despido”, confirmó la sentencia de primera instancia en lo que respecta a la causal invocada, pues consideró que era desproporcionado el despido por el uso personal de la cuenta de correo electrónico laboral durante la jornada de trabajo, entre otras cuestiones discutidas en el caso.
Para arribar a tal conclusión, el tribunal sostuvo que:
- El hecho imputado vinculado al uso personal de la cuenta de correo electrónico laboral “no configura un incumplimiento de magnitud suficiente como para justificar la aplicación de la máxima sanción” prevista por el ordenamiento laboral.
- El empleado trabajó más de diez años sin que fuera sancionado previamente con medidas disciplinarias progresivas adecuadas.
- No cualquier incumplimiento autoriza el despido con justa causa, sino que “debe tener entidad suficiente para impedir la prosecución del vínculo”.
- El análisis de la justificación del despido ante el incumplimiento del empleado “deberá ser analizado pormenorizadamente, teniendo en cuenta para ello las circunstancias del caso y los antecedentes del trabajador”.
La jurisprudencia en materia de derecho laboral entiende en forma pacífica que el correo electrónico proporcionado por el...
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