Firms responsible until workers get home, court says
June 22nd, 2009 | by admin |ALL I CAN SAY IS YOU GOT TO BE JOKING…
The Sala Secunda supreme court for labor cases has found an employer responsible for the wellbeing of a worker up until the individual enters his home.
The case involved a guard at a site in Heredia who left work at midnight and was the victim of a robbery at his very own front door some three hours later. The man suffered a bullet wound to the foot.
The court ordered the employer, Seguridad Elmo S.A., and the Instituto Nacional de Seguros to pay the man 506,587.50 colons for being incapacitated and 89.303 colons for each of five years for a small amount of permanent disability. At the current exchange rate that is about $886 for being incapacitated and about $156 in each of five years.
The man, Victorino Orozco Orozco, suffered the injury Dec. 3, 2001, at his la Carpio home. He had just arrived home in a taxi about 3 a.m., according to court records.
Among other factors, the court magistrates noted the probability of criminal actions in the dark early morning hours.
In making the ruling the magistrates appeared to expand the meaning of two sections of the labor code that protect workers when they are carrying out functions of their jobs.
The magistrates expanded that section to include employees when they are coming from or going to their homes as long as they have not made a deviation for personal purposes. (REMEMBER THIS GUY TOOK 3 HOURS TO GET HOME)
The national insurance company was involved because the security firm carries riesgo de trabajo or workplace insurance
Magistrates were not swayed by the argument by the guard firm’s lawyers that the man took three hours to arrive home. Neither was the court swayed by the allegation that the man took his firearm from his job site without permission and that he has a continuing dispute with a neighbor. (UNBELIEVABLE)
Orozco brought the case to two lower courts without success.
By extension, the Sala Secunda decision covers all employees coming and going to work and makes the employer responsible for their safety and well being. (this should open a can of worms)
ANOTHER GREAT STORY FROM MY GOOD FRIENDS AT AM COSTA RICA
