This document summarizes a court case in Costa Rica regarding the unfair dismissal of a woman who was breastfeeding. The key points are:
1) A woman named Mrs. Sol Carballo Bolaños worked as a dancer for the Ministry of Culture, Youth and Sports since 1997. She took maternity leave in 2004 after becoming pregnant but was dismissed when she returned and requested permission to breastfeed her baby.
2) The employer argued the dismissal was not related to breastfeeding and was due to her missing three days of work without permission. However, the employee argued she was not given proper due process and asked to be reinstated.
3) The Labor Court of the Second Judicial Circuit of San
2. In Costa Rica, women are entitled to special protection by the State, as stated in the Constitution, Article 51: "the family as the natural and fundamental element of society, is entitled to special state protection. It shall also be entitled to that enjoyed by mothers, children, the elderly and the sick and destitute "
7. Summary and analysis of Judgments Mrs. Sol Carballo Bolaños labored for the Ministry of Culture, Youth and Sports. Was working as a dancer in the ministry since February 1997.
8. In 2004, pregnant and took maternity leave, returns to the Ministry and request permission to breastfeed her baby. Dismissed without liability for the employer during the period when she was breastfeeding.
9. Employer Argues Argues that the dismissal has nothing to do with who was breastfeeding. States it was because the lady did not show up for work three days. Causal failing under the Labour Code, Article 81, paragraph g).
10. Article 81, paragraph g To be a justified dismissal, it must be an immediate and direct consequence of serious misconduct or sufficient incurred by the worker. "When she/he ceases to attend work without permission of the employer, without cause for two consecutive days or for more than two alternate days within the same calendar month"
11. Also was added that Mrs. employer presented medical certificates stating that indeed she is breastfeeding, but the delivery to the 21 and 22 December the same year. And nursing license does not relieve the worker to be absent for three days.
12. Employee Argues Mrs. Sol Carballo argues that she was not given "due process" as befits any public sector worker, and asked to cancel all work and it ends reinstated in her post.
13. Conclusion The Labour Court of the Second Judicial Circuit of San José welcomes the request in part, arguing that the dismissal was indeed illegal.
