In Labor Law there is what is called unfair dismissal, that is, one that, due to the circumstances that surround it or the way in which it is verified, gives rise to complementary compensation, in addition to the compensation for dismissal that we all know. . However, although jurisprudence and doctrine are unanimous in recognizing its existence, unanimity ceases to be such when trying to characterize it.
Let’s get to the facts. A vascular surgeon with more than 40 years in office was dismissed from his duties at Casa de Galicia. The mutualist brandished an alleged restructuring, product of economic difficulties experienced by the organization. Dissatisfied with the explanations provided, the surgeon went to the labor courts, invoking (among other things) an abusive dismissal, to claim the complementary compensation of the case. The doctor based his claim on his 43 years of performance (with an impeccable record of services), on the short notice that he had been given, on his absolute fidelity to the company, and on the impossibility of the mutualist to prove the mentioned reasons for dismissal.
