Boletín Mensual Litigio | No. 7 | Julio De 2024

LABOR A CC RULED THAT PREJUDICIAL CONCILIATION IS UNNECESSARY WHEN A WOMAN CANCER CHALLENGES UNJUSTIFIED WITH EMPLOYMENT TERMINATION

The First Circuit Court of the Fifteenth Circuit, resolved the amparo claim 10/2023 and determined that when a woman with cancer challenges unfair employment termination related to unjustified absences, it is unnecessary to exhaust prejudicial conciliation.

This decision is based on the fact that, in the new labor justice system, conciliation is a mandatory prejudicial instance, elevated to constitutional status in article 123, section A, subsection XX, of the Mexican Constitution. It is an essential component of the right to access justice and, as a general rule, must be exhausted before resorting to judicial proceedings.