May 232012

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A supermarket chain was sentenced to compensate with more than 60 thousand dollars to a worker who reported having been fired for being carrier of the syndrome of acquired immunodeficiency (AIDS) virus, judicial sources said.

The sixth room of the labour Chamber upheld a ruling of first instance and sentenced to the supermarket chain Coto "in the absence of proof that demonstrates that the actions of the employer was due to a cause other than the aforementioned".

As a result "there is more than having incidentally that the dismissal was due to the State of health" of the employee, said the Graciela Craig and Carlos Fernández Madrid, waitresses who concluded that it was "discriminatory dismissal".

The judges explained that when a dependent "deemed unjustly discriminated against, the burden of proof, due to the requirements of the protection of the fundamental rights of the worker and the evidentiary difficulties of the discriminatory or damaging fact of the fundamental right should be reversed".

According to the ruling, Coto knew that worker "was carrier of HIV at the time of the dismissal", that on two occasions he had been interned for this condition and the severance occurred ten days after the second hospitalization, in the sanatorium San Jose, the capital, between 2007 and 2008.

The judges dismissed the argument of the company holding that "the actor was dismissed because there was a restructuring".

They argued that "in a period of five months he was absent and interned for various ailments, circumstance that, together with modernity that exists between the time in which it is fired is conducive to the presumption of discrimination".