La posibilidad de compensar el daño moral ante un despido injustificado

Abstract

This investigation seeks to describe the main characteristics of the reparation of moral damages before an unfair dismissal. For this, the elements of which the obligation to repair damage arises, as well as the figure of moral damage in Colombian jurisprudence are studied.At the same time, specific cases of dismissal without just cause are analyzed in which the possibility of compensating for moral damages in the face of an unfair dismissal is envisioned. And the similarities and differences of the figure under study between Canada and Colombia are also analyzed, analyzing two flagship cases of Canadian labor law where the requirements necessary to access compensation are evidenced and it is also explained when this possibility cannot be prospered .