Employment reinstatement lawsuit against leading manufacturing company. Estudio Olaechea is representing Atlas Copco Peru in a labour lawsuit filed by a former employee seeking reinstatement and damages. Our work includes the development of an appropriate defence strategy to address this labour claim. Preventing negative precedents crucial for future disputes: Our assistance in this matter is relevant for the client as we aim to prevent a harmful precedent that could affect its interests in future disputes. Additionally, this case is important because of the potential economic impact on the client if the court reaches an unfavourable decision. Leading player in manufacturing sector across 180 countries: Atlas Copco is one of the most important companies in the manufacturing sector, with a global reach in more than 180 countries. The client provides innovative services and products specialising in energy efficiency, safety, and ergonomics. Latest development: We continue to advise the client on the matter, representing it in the conciliation state of the dispute.

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.

Occupational health and safety review for global beverage leader. Estudio Olaechea is advising Pernod Ricard—a leading wine and spirits global seller—on the review of the most important occupational health and safety issues within the client’s presence in Peru. Update of policy following labour authority’s inspection: The Labour Inspection Authority (SUNAFIL) has been supervising the matter of safety and health at work, and Pernod received a request in early 2024. We promptly updated its occupational health and safety policy as well as provided advice on the formation of a new occupational health and safety committee, among other related labour matters. Preventing potential labour contingencies: The issue is important since the client wanted to avoid employment disruptions due to the implementation of safety and health measures. Additionally, following the policy update, an adequate response has been filed to SUNAFIL to avoid a labour contingency. Latest development: We continue to advise the client on the matter.

Labour lawsuit due to alleged work accident. Estudio Olaechea is representing the client in a lawsuit filed by a former employee seeking compensation due to an alleged work accident. The plaintiff sued three companies: (i) Sinohydro, (ii) the consortium that was the employer, and (iii) another company part of the consortium. Strategic advice and defence throughout dispute: Our firm is advising on the defence and legal representation of the companies. This case is important due to the economic impact on the companies involved, and also to prevent a future precedent against the client. Key player in global large-scale construction: Sinohydro is a multinational construction and engineering corporation of Chinese origin. It is a significant player in the global construction industry, executing large-scale infrastructure projects across various sectors, including energy, water conservancy, transportation, and civil works. It has over 4,000 employees in Peru, where it oversees multiple projects. Latest development: We continue to advise the client on this matter as it is still ongoing.

Investigation and termination of employees due to policy breach. Estudio Olaechea advised Prosac—a Peruvian company that serves as a distributor for various industrial and office products—on the investigation and termination of two of its employees. The counterparties breached the client’s policies and code of ethics. Dismissal procedure avoided due to employee resignation during negotiations: Our firm prepared the dismissal procedure and oversaw the negotiation with the employees, who decided to resign following our intervention. The termination of the employees did not involve any contingency for the client. Crucial case involving confidential information handled by former employees: Our work in this matter was crucial for the client due to the sensitive nature of the confidential and reserved information handled by the employees, who used to have direct contact with key clients. Soon after the termination, the former employees incorporated a company to compete directly with our client. Latest development: We successfully assisted the client with this matter.

Termination of general manager’s labour contract for lack of trust. Estudio Olaechea advised Arcadis Peru on the dismissal of the company’s general manager. The decision was made after a lack of trust reached a point where it was deemed detrimental to the company’s operations and future prospects. Non-compete and non-solicitation agreement and confidential information: This matter’s relevance stems from the existence of a non-compete and non-solicitation agreement. It is also important because the termination of the contract with the general manager was a decision with a potential impact on the client’s operation, involving confidential and reserved information handled by the counterparty. Leading sustainable solutions provider for global assets management: Arcadis is a world leader in sustainable design, engineering, digital, and consultancy solutions for natural and built assets. It has more than 36,000 architects, data analysts, designers, engineers, project planners, water management, and sustainability experts worldwide in 30 countries. Latest development: We successfully assisted the client with this matter.

Investigation and dismissal of group of employees for irregular sales. Estudio Olaechea advised Pandero on the investigation and dismissal of a group of employees involved in irregularities detected in its vehicle sales area. Managing employees’ resignations: Our firm assisted the client during the proceedings, including the preparation of relevant documents related to the dismissal of an employee and the handling of the resignation of other employees involved. Complex matter involving employee handling confidential information: This matter was complex because it is related to the breach of the client’s policies and code of ethics, and especially because of the involvement of an employee who handled the confidential information of the client. Additionally, the irregularities in the car sales department could have serious financial implications for the client. Important Peruvian collective investment fund management: Pandero is a collective investment fund management company with over 56 years of experience. It focuses on helping its members acquire real estate and cars. The client’s operative consists of creating groups of people who can work together to buy assets through affordable monthly payments. Latest development: We successfully assisted the client in this matter.

Labour lawsuit involving alleged hostility against manager. Estudio Olaechea is advising Michelin on a labour lawsuit filed by a former finance and credit manager for alleged acts of hostility carried out by the client during the labour relationship. The plaintiff seeks pain and suffering damages. Our work includes the litigation strategy and legal defence throughout the dispute. Potential reputational and economic damage involved: The case is important because of the potential reputational and economic damage that an unfavourable ruling could cause, considering the serious and potentially harmful allegations made by the counterparty. World leader in tyre manufacturing: Michelin was founded in 1889 and has grown to become one of the largest tyre manufacturers in the world. It specialises in manufacturing a wide range of tyres for various vehicles and applications such as automobiles, commercial vehicles, and two-wheelers. Latest development: We continue to assist the client in this matter.

Employee layoffs following global restructuring plan within energy company. Estudio Olaechea advised Atria Energía on the dismissal of employees in Peru. This decision was made in the first months of 2024 during the restructuring carried out by the client due to new objectives set at an international level. Termination process designed to reduce negative impact: Our counsel included the strategy on how to conduct the termination process to prevent a negative impact on the affected employees, according to the client’s corporate culture. We reviewed all the necessary documents to carry out the meetings with the employees, prepared the speech for negotiations, and participated in the meetings. Favourable results without labour contingencies for all parties: The case is important and unique due to the entire process being carried out according to the reorganisation plan. The dismissals were concluded without labour contingencies and with a favourable result for the employees involved in the measure. Key player in Latin American energy sector: Atria is a company specialising in the energy sector which carries out various electrical infrastructure projects, renewable energy projects, and other related matters in the sector. Atria has a strong presence and commercial operations in Chile, Brazil, Mexico, and Spain. Latest development: The case is closed, and no further employment implications have been reported.

Monitoring action plan against labour contingencies. Estudio Olaechea assisted Atlas Copco Peru in monitoring the implementation of an action plan against labour contingencies found in a previous labour audit conducted by our firm. Our work included the modification of its internal policies, mainly due to the economic implications that could be generated for the labour contingencies previously observed. Modification of internal labour policies: The modified policies are linked to the organisational structure of the client, such as work tools, economic benefits to employees, and labour conditions, among others. Compliance with Peruvian labour regulations: Our assistance was key as it mitigated the potential economic impact on the client due to a potential breach of internal policies and Peruvian labour regulations. Additionally, our work involved handling a substantial amount of sensitive and confidential information. Important player in global manufacturing of industrial tools and equipment: Atlas Copco is a Swedish multinational industrial company founded in 1873, specialising in manufacturing industrial tools and equipment. It has a global reach in more than 180 countries and employs more than 53,000 people worldwide. Latest development: Follow-up controls for the implementation of the labour audit action plan were carried out and the modification of internal policies was successful.