And employee of the Cipolletti’s casino was compensated after being unfairly fired during the pandemic. As the ruling explains, the gaming house was closed for most of 2020, but in December several workers were summoned to reopen the premises. At that time, the man had lost his cell phone, making communication difficult. how could notice that he was serving isolation due to being a close contact, but the company did not wait for him and fired him.
On the demand, the worker explained when the casino manager tried to communicate with him to summon him my phone was broken. At that time I had been in close contact with a person positive for Covid-19, therefore, he had to comply with the 14-day isolation.
He explained that the casino was authorized to open in December 2020 respecting the distancing protocols. He assured that most employees were notified of the reopening informally, he found out from a partner.
The worker on January 11, 2021, contacted her boss to let her know what was in isolation by covid. She told him to stay calm, that the company was already aware of his isolation situation and that the document letter had been sent before he reported having been in close contact.
During the The trial showed that the company was aware of the health situation of the employee and that it was not required to prove it with any medical certificate. It was found that the company sent a document letter informing that he had 48 hours to report to work or justify his absence, but that letter only arrived in January. In a second notification they directly fired him.
The ruling of the Cipolletti Labor Chamber granted compensation for unjustified dismissal after analyzing all the records and evidence in the file. It was considered that the company was in a hurry to dismiss the worker, based on these arguments it set the compensation stipulated in the Labor Contract Law.