Hacen lugar a la medida cautelar y ordenan abonarle la obra social a una mujer que fue despedida

«FERRERO PETRI GISELA CAROLINA c/ FULLRAPID S.A y otros s/ daños y perjuicios», Cámara del trabajo de Mendoza, 20/04/15

SÍNTESIS.- Violencia de género. En el marco de una acción de daños y perjuicios interpuesta por una mujer contra su empleador tras ser despedida sin causa luego de contraer cáncer, admite la medida cautelar solicitada y ordena al empleador que continúe abonando la obra social de la accionante durante el tratamiento de la enfermedad. Afirma que surge de la ley 26.485 el deber de dar protección inmediata a la víctima de violencia de género. Asimismo manifiesta que el planteo encuentra sustento en lo prescripto por el art. 32 del CPL de Mendoza que expresa, que el magistrado según el mérito que arrojen los autos, podrá decretar que el demandado facilite gratuitamente la asistencia médica y farmacéutica autorizada por ley. Esta medida encuentra como fundamento proteger la salud física y psíquica del trabajador, en aquellos casos en que este comprometida gravemente.

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Fuente: infojus

38 comentarios de “Hacen lugar a la medida cautelar y ordenan abonarle la obra social a una mujer que fue despedida

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