Labor

Mr. R.E.T. filed a labor lawsuit against one of our clients before the Labor Court of the National District, through which the man alleged that our client dismissed him without justification. However, contrary to what was alleged, the man was not a permanent employee of our client, but rather an independent professional hired by our client to provide services.

In this lawsuit, the Firm provided legal representation to the client, relying on an efficient strategy to build the defense against the plaintiff, making the empowered court understand the fact that the counterparty was not an employee, and consequently reject the claim. lawsuit filed, winning the present case.

Winning this case represents a significant achievement for our firm, since it makes it possible to determine the difference between labor relations for an employment contract for an indefinite period of time and the provision of independent services under Dominican jurisdiction, which tends to be difficult, and, in this In this case, the plaintiff was a freelancer who provided services for our client.

Disputes

Our dispute resolution team assisted the client in the litigation in all judicial instances, specifically representing the company in a demand for mandatory intervention regarding the alleged intoxication of a couple on the premises of the Catalonia Hotel & Resort, the demand was tried against two (2) of our clients, Catalonia Hotel & Resort and Tui Dominicana, S.A.S., the tour operator. Our client was sued for civil liability by the family of a couple of Dutch citizens who stayed at the Hotel Catalonia during their honeymoon and who allegedly got poisoned on an excursion that was offered by a company that sponsors and provides tourists with a tour to Saona Island. Our defense focused mainly on demonstrating that neither the hotel nor the company that allegedly offered said excursion breached their respective obligations under the lodging relationship or the security obligation that was assumed towards the couple.

Our defense was also based on the fact that in this case the couple was treated by the Hotel’s medical staff, who executed the corresponding protocols; however, according to the documentation presented as evidence, the couple’s death was not caused by the intoxication during the Hotel by the food and drink provided in the Hotel, in fact the death was caused according to the original certificate of the autopsy issued by the National Institute of Forensic Pathology with our diligence, for other reasons. We were able to demonstrate in court that the deceased, according to the medical and forensic reports, had various types of drugs in their bodies that caused the cause of death. The case is still ongoing since the request for annulment was filed by the family of the deceased. We are currently awaiting the final decision of the Supreme Court of Justice.