Chamber ruling rejects reinstatement of dismissed workers in Telam 354 – 07/26/2018

Appeals by the National Labor Chamber ruled against a collective injunction presented by the National Council for Equality and rejected the reinstatement of the dismissed workers of Telem 354 . The measure was settled by divisional vote, as Justices Alejandro Perugini and Graciela González voted to uphold the first instance decision, while Graciela Craig asked to dismiss it. The measure had raised great expectations, since the Chamber of Labor authorized a special room in the middle of the legal fair to resolve this situation.

The majority vote of the Judges of the House stated that there was no evidence of discrimination against dismissed workers nor was there any "danger or danger of delay", justifying a precautionary measure to replace laid-off employees at their place of work. "The only reference to journalistic publications reflecting in part the expressions of the defendant's authorities (Telam), would not be sufficient to have configured the conduct of a discriminatory order with the degree of certainty or credibility necessary to allow an advance of guardianship as the intention, "said the decision of the House.He added:" There has been no evidence or evidence in the case that proves that, indeed, the measure has affected a particular group characterized by its ideology or belonging to a political or trade union sector. "

One month after the 354 dismissals, which led to the seizure of the facilities of Telam by their workers and the cessation of their services, the Internal Trade Union Committee of the Press Union of Buenos Aires (Sipreba) stated that is still the precautionary measure that i ordered the reinstatement of five employees of Telam because the national news agency had not declared any "crisis preventive procedure". 19659002] Labor Judge Ricardo Tatarsky ordered two weeks ago the "immediate" reinstatement of journalists Florencia Fazio, from the section Espectáculos, Alejandro Monclá and Carlos Alberto Nis, from the Sports section; with those of Matilde Suárez, who works at the Archives, and Sebastián Siddi, who is Telam's radio operator.

Did the Telam authorities' decision "go beyond any reasonable framework and was obviously inappropriate" because it did not follow the procedures established by the legislation in force. The regulation establishes that "before the communication of dismissals or suspensions for reasons of force majeure, economic or technological causes affecting more than 10% of companies from 400 to 1000 workers, the crisis prevention procedure must be justified," stressed Judge Tatarsky. Something that his authorities have not done, despite the regulations in force.

The government has until the end of next week to appeal these five reincorporations, whose cases could be extended to the rest of the licensees. But this same judge Tatarsky had rejected the conservatory measure requested by the National Bureau for Equality considering that this civil badociation did not have the legitimacy to represent the workers of Telam in a collective action d & # 39; amparo. This NGO appealed to the Labor Chamber, which has now decided to uphold the decision of Judge Tatarsky and to reject the reinstatement of the dismissed workers of the 354 Telam workers.