Jurisprudencia de la CNAT: Despido. Responsabilidad solidaria. Condena solidariamente a un club, a una concesionaria y al gerente de la misma.

SUMARIO. Despido. Responsabilidad solidaria. Condena solidariamente a un club, a una empresa concesionaria de la explotación del natatorio y al gerente de la misma a indemnizar a una profesora de natación que fue despedida. Respecto del gerente de la sociedad, afirma que el artículo 54, último párrafo, de la ley de sociedades (según ley 22.903) consagra la inoponibilidad de la personalidad jurídica, cuando la actuación de la sociedad encubra la consecución de fines extrasocietarios, constituyendo un mero recurso para violar la ley, el orden público o la buena fe, o frustrar derechos de terceros. En relación al club considera que delegó facetas propias y específicas de su giro empresario en favor de quién fuera la empleadora de la actora, lo que conduce a concluir que las labores ejecutadas por la accionante resultaron inescindibles y coadyudantes del cumplimiento de su objeto social.

Moro, Daniela Andrea c/ Racing 2000 S.A. y otros s/ despido, Cámara Nacional de Apelaciones del Trabajo, Sala VIII, 16/09/2015.

Fuente: www.infojus.gob.ar

41 comentarios de “Jurisprudencia de la CNAT: Despido. Responsabilidad solidaria. Condena solidariamente a un club, a una concesionaria y al gerente de la misma.

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