They order to reinstate five workers of Telam – 13/07/2018

Judge Ricardo Tatarsky ordered the reinstatement of five employees of Telam, because the state news agency had not previously declared a "crisis prevention procedure". Three journalists, an archivist and a radio operator were fired a little over two weeks ago, when the Telam authorities launched 354 employees, 40% of the company's workforce. 39, public company.

According to the reasons for the decision, which was consulted Clarín the measure adopted by the Telam's authorities "go beyond any reasonable framework and were clearly untimely" because it did not follow the procedures established by the legislation in force. Does the regulation stipulate that "before the communication of dismissals or suspensions for reasons of force majeure, economic or technological causes that affect more than 10% in enterprises of 400 to 1000 workers, the crisis prevention procedure must be justified "

Judge Tatarsky ordered 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.

On the basis of the decision, the labor judge ruled that "labor law has fundamental and fundamental support the commitment to the real truth, given the public nature of its rules, hence the principle of primacy of reality which requires the judge to take into account all the circumstances of the case (…), so that the undersigned can not ignore that behind the so-called general restructuring led to a mbad dismissal of workers . "To carry out this action, Judge Tatarsky argued that Telam must have already conducted a" crisis prevention procedure ", which his authorities have not done, despite the regulations in force.

In addition, the labor court ruled that it had a "possible discriminatory motive", since the complainants denounced that the authorities were seeking "ideological cleansing of the workers of the enterprise." For Judge Tatarsky, the cases of the five dismissed workers "would be framed" in case of discrimination,

The judicial presentation of the five dismissed had the sponsorship of the Union of the press of Buenos Aires (Sipreba), the Argentine Federation of Press Workers (Fatpren) and delegates of the Telam Workers' Internal Committee, and its delegates celebrated the decision and stressed that " could be reproduced for each of the workers of Telam since the bases of the measure are identical for all cases ".

Judge Tatarsky rejected last week a precautionary measure requested by the National Office for Equality, considering that the civil badociation did not have the legitimacy to represent Telam workers in a collective action of amparo. But this time he decided to reinstate the five workers who individually claimed for their labor rights.

Beyond these cases, the press workers' union (Sitrapren) has filed a collective injunction, which must rule in another court. work