Introduction
By means of a ruling issued on October 14, 2024, the Fifth Labor Chamber of the Superior Court of Justice of Lima annulled a fine imposed by the National Superintendence of Labor Inspection (SUNAFIL) to a company. The resolution reiterates that the evaluation of the legality of a dismissal is an exclusive attribution of the Judiciary, establishing that SUNAFIL’s powers must be strictly limited to the supervision of social-labor and occupational health and safety regulations.
Facts of the case
The case originated when SUNAFIL imposed a significant fine of S/266,625.00 on the offending company, alleging irregularities in the dismissal of workers affiliated to a union. The sanction was the result of an administrative procedure in which the inspection authority determined that the dismissals were illegal and violated union rights.
The company appealed this decision, arguing that SUNAFIL exceeded its functions by analyzing aspects that corresponded exclusively to the judicial sphere, such as the legality of the dismissal and the evaluation of the facts that motivated it.
Decision of the Fifth Labor Chamber
The Labor Chamber concluded that SUNAFIL had exceeded its legal competencies. According to the ruling, the function of the administrative authority is limited to supervising compliance with social-labor and occupational health and safety standards, without intervening in the legality of acts such as dismissals, which must be resolved in a judicial venue. Therefore, it decided:
- To annul the fine and the previous resolutions: The sanctions imposed lacked legal support.
- To defend judicial independence: It was ratified that the Judicial Power is the only competent entity to decide on the validity of labor dismissals.
- Reaffirm the principle of legality: SUNAFIL’s actions violated the limits established by the Constitution and the Labor Procedural Law.
What does this mean for companies?
The ruling of the Fifth Labor Chamber of the Superior Court of Justice of Lima provides greater legal certainty to companies by establishing that administrative sanctions must respect legal limits, reaffirming that only the Judiciary can evaluate the legality of dismissals. In addition, it strengthens due process, promoting that each authority fulfills its role without encroaching on the competencies of others. This also has a significant impact on future labor disputes by drawing a clear line between administrative supervisory powers and jurisdictional attributions, protecting the rights of employers and workers alike.
Conclusion
This decision not only resolves a specific case, but also establishes a fundamental standard in the interaction between employers, workers and administrative authorities. Respect for legal boundaries not only guarantees due process, but also strengthens trust in institutions. This ruling is a reminder that administrative actions must remain within the regulatory framework to avoid conflicts and protect the rights of all parties.
Source: https://www.linkedin.com/posts/loragerman_competencia-de-sunafil-activity-7264811376689168384-JCPZ?utm_source=share&utm_medium=member_android