Participación en una medida de fuerza y despido
Published date | 08 September 2006 |
Date | 08 September 2006 |
Author | Javier E. Patrón |
Law Firm | Marval O'Farrell Mairal |
El 26 de junio de 2006 la Sala VI de la Cámara Nacional del Trabajo, a través del fallo "Payaslian, Christian Daniel c/ Arte Grafico Editorial Argentino S.A. y otros s/ despido" resolvió que“aun cuando se considerara que el actor ha participado del paro, sin que medie una intimación personal y concreta a realizar tareas normalmente, y sumado al hecho de no haberse acreditado una participación personal del trabajador en los incumplimientos endilgados en la carta documento rescisoria, no constituye injuria de tal gravedad que justifique el despido”.
1. Antecedentes
Arte Grafico Editorial Argentino S.A. resolvió despedir al Sr. Payaslian alegando que participó del paro y toma del establecimiento y que no acató la conciliación obligatoria.
En primera instancia, se hizo lugar a la demanda interpuesta por el Sr. Payaslian porque se consideró que no se había acreditado la participación del actor en la toma del establecimiento de trabajo.
2. El fallo
La Sala VI de la Cámara Nacional del Trabajo confirmó la sentencia de primera instancia y consideró que, si bien la ocupación del establecimiento como medida de fuerza constituye una falta pasible de sanción disciplinaria, "esa sola circunstancia no constituye per se una causa que impida la prosecución del vínculo laboral...
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