EXP. No.
02931-2010-PA/TC
FREEDOM ALDO
ANGLE RONALD SANCHEZ
RESOLUTION OF THE CONSTITUTIONAL COURT
Lima, October 4, 2010
SEEN
The constitutional tort action brought by Mr. Aldo Ron Sanchez Angulo against statement issued by the Second Civil Chamber of the Superior Court of Justice of La Libertad, on pages 96, the date May 31, 2010, which declared unfounded the claim for protection of cars, and
SERVING
1. That on June 11, 2009 the plaintiff brought petition for relief seeking an order requiring reinstatement worker in the position he occupied in the District Municipality of Jequetepeque, having been subject to dismissal fraudulent.
2. That as the notes on pages 3 and 6 car by letters dated 20 and 29 April 2009 the entity located accused the plaintiff of misconduct in subparagraphs a), e) and h) of article 25 of Supreme Decree No. 003-97-TR, which relate to breach of the obligations of work involved in the breach of good faith work, the continuing resistance to the orders related to the tasks and repeated tardiness.
3. Admitted that the STC 0206-2005-PA published in the official gazette El Peru on December 22, 2005, as part of its management function that is inherent in the pursuit of improvement under process, he explained, binding, procedurability criteria for defense of claims relating to employment private and public scheme.
4. That, according to the foundation 19 of that precedent has been established that the protection is not the appropriate venue for the questioning of just cause for dismissal alleged by the employer in the case of disputed facts, or when doubt exists about such facts, is required the administration of evidence in order to determine the truth, falsity or adequate rating the allocation of just cause for dismissal, an issue that obviously can not be disposed of in the shelter.
5. That in this case the applicant contests the cause of termination of his employment relationship uncredited, reliably and undoubtedly, that there was fraud in his dismissal, so that according to provenance criteria in the grounds 8, 19 and 20 the aforementioned statement, must declare the inadmissibility of the application, pursuant to Articles 5, paragraph 2) and 9 of the Code of the Constitution.
For these reasons, the Constitutional Court with the authority under the Constitution Peru's political
RESOLVED
dismiss the request.
published and notifíquese.
SS. VERGARA
Gotelli
ALVAREZ MIRANDA
URVIOLA HANI
02931-2010-PA/TC
FREEDOM ALDO
ANGLE RONALD SANCHEZ
RESOLUTION OF THE CONSTITUTIONAL COURT
Lima, October 4, 2010
SEEN
The constitutional tort action brought by Mr. Aldo Ron Sanchez Angulo against statement issued by the Second Civil Chamber of the Superior Court of Justice of La Libertad, on pages 96, the date May 31, 2010, which declared unfounded the claim for protection of cars, and
SERVING
1. That on June 11, 2009 the plaintiff brought petition for relief seeking an order requiring reinstatement worker in the position he occupied in the District Municipality of Jequetepeque, having been subject to dismissal fraudulent.
2. That as the notes on pages 3 and 6 car by letters dated 20 and 29 April 2009 the entity located accused the plaintiff of misconduct in subparagraphs a), e) and h) of article 25 of Supreme Decree No. 003-97-TR, which relate to breach of the obligations of work involved in the breach of good faith work, the continuing resistance to the orders related to the tasks and repeated tardiness.
3. Admitted that the STC 0206-2005-PA published in the official gazette El Peru on December 22, 2005, as part of its management function that is inherent in the pursuit of improvement under process, he explained, binding, procedurability criteria for defense of claims relating to employment private and public scheme.
4. That, according to the foundation 19 of that precedent has been established that the protection is not the appropriate venue for the questioning of just cause for dismissal alleged by the employer in the case of disputed facts, or when doubt exists about such facts, is required the administration of evidence in order to determine the truth, falsity or adequate rating the allocation of just cause for dismissal, an issue that obviously can not be disposed of in the shelter.
5. That in this case the applicant contests the cause of termination of his employment relationship uncredited, reliably and undoubtedly, that there was fraud in his dismissal, so that according to provenance criteria in the grounds 8, 19 and 20 the aforementioned statement, must declare the inadmissibility of the application, pursuant to Articles 5, paragraph 2) and 9 of the Code of the Constitution.
For these reasons, the Constitutional Court with the authority under the Constitution Peru's political
RESOLVED
dismiss the request.
published and notifíquese.
SS. VERGARA
Gotelli
ALVAREZ MIRANDA
URVIOLA HANI
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