Bajandas Gracia, Yolanda v. Coop De Ahorro Y Credito De Los Emp Del
KLAN202400748
Tribunal De Apelaciones De Pue...Oct 28, 2024Background
- Yolanda Bajandas García worked as executive president at CentroCoop, a cooperative in Puerto Rico, from 2005 to 2022.
- In January 2022, COSSEC (the regulatory authority) intervened due to the critical financial state of CentroCoop, placing it under provisional administration and later syndication.
- In March 2023, COSSEC formally declared CentroCoop non-rehabilitable, leading to the sale of its assets and dissolution.
- Bajandas García filed a complaint for unjustified dismissal, claiming she was terminated without due cause and owed accrued vacation pay.
- The trial court granted CentroCoop's motion for summary judgment, finding the dismissal was due to liquidation and dissolved the claim.
- Bajandas García appealed, arguing she was an employee entitled to protection under labor laws and that successor employer law ought to apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Bajandas García unfairly dismissed? | She was separated from her role and denied salary, thus dismissed. | Liquidation made the role inoperable; not an arbitrary decision. | No unjust dismissal; separation was due to liquidation. |
| Did labor law protections for unjust dismissal apply? | Bajandas was an employee, not an independent contractor, entitled to protections. | Bajandas' position was contractual and exempt from labor law protections. | Labor law did not apply; she had no valid cause of action. |
| Should successor employer doctrine apply? | The operations continued under another cooperative, triggering successor obligations. | No substantial continuation; the predecessor was dissolved. | Doctrine did not apply; no illegal act by predecessor. |
| Proper procedure for asserting claims in liquidation | She could claim unpaid wages and vacation after dissolution in court. | Claims must be presented to the appointed liquidator within statutory period. | Complaint was untimely and should have been to the liquidator. |
Key Cases Cited
- Rivera Figueroa v. The Fuller Brush Co., 180 DPR 894 (P.R. 2011) (outlines requirements and protections under Puerto Rico's unjust dismissal statute)
- Ortiz Ortiz v. Medtronic Puerto Rico Operations, Co., 209 DPR 759 (P.R. 2022) (addresses burden on employers for just cause in termination)
- Segarra Rivera v. International Shipping Agency, Inc., 208 DPR 964 (P.R. 2022) (discusses employer reorganization and employee rights)
- Adventist Health v. Mercado, 171 DPR 255 (P.R. 2007) (explains successor employer doctrine in Puerto Rico)