Labour claim involving alleged workplace accident. Estudio Olaechea is representing La Gloria Propiedades—a Peruvian real estate project development company—in a labour lawsuit that started with the alleged work accident of a former employee within the client’s property.
Absence of liability due to lack of labour relationship: Our defence strategy consists in demonstrating our client’s absence of liability. We are doing so by seeking the acknowledgement of the non-existence of an employment relationship of any type with the plaintiff at the time of the so-called work accident.
Involvement of other counterparties in provision of services: As there are several parties involved in the provision of services related to the supposed accident, the matter involves a complex discussion on our client’s liability, along with other counterparties potentially involved.
Local judges’ highly protective profile: The challenge of this case also lies in the highly protective profile of local judges and the fact that a negative outcome may lead to dangerous precedent for similar cases.
Latest development: We continue to advise our client as a date for the hearing is still pending.