Posted On 13 Dec 2016
The Noboa group filed a special protection action before the Constitutional Court, because according to its lawyers, they had to pay an eviction, which is something illegal.
Does it imply that the government will return the money if the Court approves the protection action? “The state will have to respond to its acts,” they said.
For their part, the workers maintain another demand for untimely dismissal and retirement payments. According to the lawyers, that has already been tried and not applied. Regarding employee retirements, this is an issue under study, they stated.
Noboa’s lawyers reiterated that although they paid $ 3.9 million for the eviction of 1,800 workers from the La Clementina farm, that does not mean it was legal.
For Fernando Alarcon, legal director of the Noboa Corporation, there are three reasons why the payment was not legal. First, a conflict was set against the agricultural company La Clementina, for an alleged unfair dismissal, when all the employees were still enrolled. So the court determined that there was no proof of this.
“So, if there was no untimely dismissal, compensation for termination, nor for eviction was suitable,” said Alarcon. For the lawyers of the Noboa group, the authorities invented a legal figure: the tacit eviction.
The second reason is that the labor inspector determines the joint action of more than 50 companies of the Noboa Corporation, omitting the due process. “A legal proceedings should have been followed.”
The third point, the inspector forgot to appoint an expert, who had to submit a report, and the three publications in the media were not made. “For these three reasons we say that the collection was illegal,” Alarcon concluded.