Sitraibana in Bocas del Toro Receives a New Setback: Francisco Smith’s Appeal is not Admitted

The Banana, Agricultural, and Related Business Workers’ Union received a severe setback this week after the Third Chamber of Administrative and Labor Litigation of the Supreme Court of Justice rejected a cassation appeal, which they intended to use to challenge the Superior Labor Court’s decision declaring the banana strike illegal.  Last April, workers in this industry, along with other sectors, launched a strike in protest of reforms to the Social Security Fund. The strike lasted for weeks, significantly impacting banana production.  As a result of the substantial losses, Chiquita ceased operations and proceeded with the liquidation of its payroll of more than 5,000 workers, citing the illegality issued by the Superior Labor Court of the Second Judicial District.  Faced with this situation, the union’s defense team appealed to the Supreme Court, its last resort, but the appeal was also unsuccessful. This was announced in Edict No. 2070, signed by Judges Cecilio Cedalise, Carlos Vásquez, and María Cristina Chen.

Settlements

Workers laid off by Chiquita have expressed their dissatisfaction with the amounts received; however, the Minister of Labor and Workforce Development, Jackeline Muñoz, reminded that when an employee leaves their job, the company is obligated to pay them only their “acquired rights.”  “When you leave and are dismissed for job abandonment, you only receive your acquired rights: vacation time, bonus, and thirteenth month’s pay. They are not entitled to the severance pay that is paid when a dismissal is made, which is why they feel (that the payments are low),” he commented.  In this regard, she said that so far they have verified that the disbursed settlements are correct.  According to the head of Mitradel, some 1,947 workers are currently in this situation.  The ministry has labor lawyers and auditors providing support to workers. Conciliation boards have also been strengthened.