An oil worker was fired after starring in an road accident on provincial route 34. As detailed, the vehicle was destroyed after overturning. The company fired him because the person in charge exceeded the speed limit.
The worker carried out a Labor lawsuit to reverse the company’s decision, although he was not able to be reinstated and it was established that he must pay the costs of the process.
As they explained, the company had placed satellite control in the vehicle and with this system it was confirmed that the driver was going almost 100 kilometers per hourwhen the maximum allowed ranged between 40 and 60 kilometers.
The Labor Chamber concluded that “the behavior of the worker it was unlawful and due to its objective seriousness it constitutes a justified cause for the termination of the contract«. Based on this argument, the dismissal with cause was legitimized.
The company explained during the trial that the employee already accumulated disciplinary sanctions and repeated warnings on “the importance of taking care of all safety regulations and redirecting their conduct,” they remarked.
How the incident occurred for which the oil tanker was fired
In the case they detailed that the worker was driving a Toyota Hilux in the direction of 25 de Mayo, at the height of the El Medanito Deposit.
From the satellite tracker with GPS technology, the displacement was recorded, the speed and its positioning realized that the worker reached 105 kilometers per hour at 9:37circulating at 95 kilometers per hour at the time of the rollover, which occurred around 10:30.
“The Toyota Hilux vehicle he was driving It was totally destroyed with physical and economic impossibility of being repaired. The man was on medical leave for a time as a result of the rollover and when she rejoined she was fired for cause“, they detailed. Among the sanctions that he had accumulated, he had received a warning in which he was informed that he should avoid “leaving the truck at his disposal regulated for hours in order to make more efficient use of the resources made available by the company.”
At the trial, a witness appeared and declared that there was a backfire in the place where the accident occurred, so There were maximum speed signs of 60 kilometers per hour at the time of the accident.
The Labor Chamber validated the dismissal and rejected the claim for compensation. In addition, the man must pay the costs of the trial.