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employment rights

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Labor Appeal No. 11874-2018 Huánuco, Second Transitory Chamber of Constitutional and Social Law of the Supreme Court of Justice of the Republic, Peru, 2019

An employee alleged that her employer fired her because she was pregnant. The employer sought an annulment of the previous decisions. The Supreme Court rejected the employer’s request, acknowledging that although the law requires an employee to notify an employer of their pregnancy in writing, this requirement is not enforceable when the pregnancy is physically evident. The plaintiff sought nullification of her termination under Article 29(e) of the Legislative Decree No. 728, which renders employee terminations based on pregnancy null.

Reynolds v. Fraser

Ms. Reynolds was fired from her job at the NYC Department of Correction (“Department”) for violating its sick leave policy. Ms. Reynolds was a victim of domestic violence. In 2002, she requested vacation time to find a home after leaving her abuser. When she did not find a home within her given vacation time, she requested more time off to continue searching for a place to live. As a result of her request, her employer put her on immediate sick leave and demanded that she provide them with an address. When Ms.

Sentencia T-058/08

Reversing an appellate court ruling and affirming a trial court ruling, the Court reaffirmed the rights to employment of pregnant and nursing women.  

Revocando una decisión del tribunal de apelaciones y afirmando una decisión del tribunal de primera instancia, el Tribunal reafirmó los derechos al empleo de las mujeres embarazadas y lactantes.

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