“Unjustified dismissal at Collahuasi Mine: accused of ‘excessive’ use of safety glasses, the company must now pay a substantial sum,” March 14, 2025

The Doña Inés de Collahuasi Mining Company will be required to pay a substantial compensation to a worker who was dismissed after being accused of the “excessive” use of safety glasses...

The Iquique Labor Court upheld the wrongful dismissal and benefits claim filed by W.B.S. against the mining company...

The company justified the dismissal, which took place on December 20, 2023, on the alleged ‘excessive’ withdrawal of Bollé-brand safety glasses by the worker, stating that he had obtained 1,393 pairs over a five‑year period...

However, in its ruling (case No. 155‑2024), Judge Marcela Díaz Méndez found that there was no evidence of a formal protocol on the part of Collahuasi establishing limits or conditions for withdrawing such safety equipment...

After reviewing the evidence, the Iquique Labor Court determined that the rules cited in the dismissal letter did not directly relate to the conduct attributed to the worker, “therefore their use as grounds for dismissal is arbitrary and improper.”...

The court ordered the company to pay the worker a total of CLP 72,397,210, “for substitute severance in lieu of prior notice, severance for 11 years of service, an 80% surcharge, and reimbursement of an improper deduction related to the balance of a collective bargaining loan.”