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Donamaria, Eduardo O. v. Cargill SA and other

Tribunal: Sup Court
Date: 15/06/2004
Parties: Donamaria, Eduardo O. v. Cargill SA and other
Posted: RDLSS 2004-19-1355. SPECIAL APPEAL

- Rejection based on the precedent Gorosito "- Not permissible - Required analysis of the issue
Comment:
- Mark, Marian H., Check to the LRT., Buenos Aires, June 15, 2004 .- Whereas 1. That Ward 8 th of the National Labour Court of Appeal granted an extraordinary appeal filed by the plaintiffs, as far as it claims to have kept it appeal to the charge of unconstitutionality of art. 39 Law 24557 (1) and demonstrated that in the case was inapplicable precedent of this Court that was founded in lower court. In this sense, to confirm this last statement, adverse to claim work accident compensation based on civil law, the lower court judge, what matters, which had been signed as ruled on the constitutionality of the provision mentioned above.
2. That the special appeal has been properly granted by the lower court because, as appears from the appeal brought before it by the plaintiff, the issue identified in the previous paragraph was part of grievances.
3. That under such conditions, and being involved an approach that fit well is decisive for the fate of the proceedings, applies to sub examine the doctrine of precedent 312:451 failures and published in 2017, leading to the contested statement is disqualified as a valid judicial act.
Therefore, it is hereby granted an extraordinary appeal and annulling the original ruling, with costs in this instance the defendants. Let it be known and, ultimately, to be refunded, for whom it may concern, is issued a new ruling in accordance with the present. Enrique S. Augusto C. Petracchi .- Belluscio .- Carlos S. Antonio Boggiano Fayt .- .- Adolfo R. Juan C. Vazquez .- .- E. Maqueda Raúl Zaffaroni.