El despido discriminatorio del activista sindical
As decided by the Supreme Court of Justice of the Nation in the case "Orellano", the ownership of the right to strike corresponds to the simply registered associations; however, the treatment of the discriminatory dismissal for union reasons suffered by the actor is omitted. The present wo...
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2021
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| Acceso en línea: | https://bdigital.uncu.edu.ar/fichas.php?idobjeto=18044 |
| Sumario: | As decided by the Supreme Court of Justice of the Nation in the case "Orellano", the ownership of the right to strike corresponds to the simply registered associations; however, the treatment of the discriminatory dismissal for union reasons suffered by the actor is omitted. The present work is situated within the framework of study of the national and international regulations on human rights and aims to analyze the motivations, the jurisprudential lines and the practical consequences of the ruling. It is based on the hypothesis of considering that the decision in this regard is exceptional. It is a qualitative, analytical, documentary, microsocial investigation with a diachronic temporal scope, which seeks, through the study of the rulings of our Highest Court, to elucidate whether the ruling in question could be a contribution in order to promote the transformation of the "Argentine union model". For this the thesis explores: Freedom of association (Chapter 1); The Argentine union model (Chapter 2), The discriminatory dismissal for union reasons (Chapter 3) and The Orellano case (Chapter 4). |
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