31.
On April 22, 1991, Mr. Spoltore was called to the experts’ office to undergo a medical
examination. The examination was conducted on May 8, 1991, and, on May 13, 1991, the experts in
occupational medicine and psychiatry presented their medical reports. On May 31, 1991, a challenge was
lodged against Mr. Spoltore’s expert medical report. On July 5, 1991, the experts responded to the challenge
and the alleged victim was given a fresh appointment to attend the experts’ office. 12
32.
On July 7, 1991, Mr. Spoltore underwent the medical examination and, on July 20, the Labor
Tribunal received the corresponding expert report. On August 23, 1991, the medical experts responded to a
challenge. The new report was admitted by the Labor Tribunal on September 1, 1992. On March 30, 1993, at
Mr. Spoltore’s request, the referral of the proceedings to the medical experts’ office was ordered. One year later,
on August 7, 1993, the Labor Tribunal indicated that the proceedings were to be referred to the San Isidro
experts’ office.13
33.
On May 5 and 12, 1993, new appointments were made for the experts’ office, on that occasion
to conduct the psychological examination. On June 21, 1993, the psychological report was presented. On July
25, 1993, the opinion of the expert psychologist was added and the report was ordered to be forwarded the
parties on July 30, 1993, with the corresponding notification deeds issued on March 2, 1994. On account of that,
on March 23, 1994, Mr. Spoltore filed a written motion alleging delays and denial of justice. 14
34.
On May 10, 1995, the first hearing in the case was held. On May 21, 1996, the second hearing
took place. On August 21, 1996, the case’s third hearing was held. On October 15, 1996, the fourth hearing in
the case was held, with its deferral until June 3, 1997. The case’s fifth hearing took place on March 3, 1997, and
finally, on June 3, 1997, the sixth hearing in the case was held. 15
35.
On June 3, 1997, the Labor Tribunal issued its verdict and, on June 30, it gave judgment
rejecting the suit brought by Victorio Spoltore. 16 The Tribunal gave the following reasons for rejecting his
claims: (a) no connection was found between Spoltore’s heart condition and the duties he performed; (b) Mr.
Spoltore failed to establish that in his duties, he was exposed to pressure of a physical or mental kind, an
extremely noisy environment, or extraordinary activity; (c) he failed to establish that he had suffered
mistreatment or aggression at the hands of his superiors or managers; (d) the tasks performed were not found
to be dangerous or irregular; (e) the complaints lodged with the police were not suitable for establishing the
workplace harassment of Mr. Spoltore; and (f) no difficulty, dedication, or demand for speed was detected in
Mr. Spoltore’s work.
36.
On July 4, 1997, the deeds of notification were prepared, and notice was served on the
petitioner on August 19, 1997. On September 2, 1997, Mr. Spoltore lodged special remedies for reversal and
for vacation. The admissibility of those appeals was determined on February 4, 1998. 17
37.
On February 25, 1998, notification was served on the Attorney General. On August 16, 2000,
the Supreme Court of Justice of the Province of Buenos Aires dismissed the remedies on the grounds that: (1)
Mr. Spoltore’s claims had already been ruled on by the Labor Tribunal; (2) what Mr. Spoltore was really seeking
was a review of the facts and law of the judgment he was challenging, which went beyond the scope of
12
Annex 4. Motion to vacate filed by Mr. Spoltore with the Supreme Court of Justice, dated April 29, 1996. Annex to Mr. Spoltore’s
petition of September 5, 2000.
13
Annex 4. Motion to vacate filed by Mr. Spoltore with the Supreme Court of Justice, dated April 29, 1996. Annex to Mr. Spoltore’s
petition of September 5, 2000.
14
Annex 4. Motion to vacate filed by Mr. Spoltore with the Supreme Court of Justice, dated April 29, 1996. Annex to Mr. Spoltore’s
petition of September 5, 2000.
15
Annex 4. Motion to vacate filed by Mr. Spoltore with the Supreme Court of Justice, dated April 29, 1996. Annex to Mr. Spoltore’s
petition of September 5, 2000.
16
Annex 4. Motion to vacate filed by Mr. Spoltore with the Supreme Court of Justice, dated April 29, 1996. Annex to Mr. Spoltore’s
petition of September 5, 2000.
17
Annex 4. Motion to vacate filed by Mr. Spoltore with the Supreme Court of Justice, dated April 29, 1996. Annex to Mr. Spoltore’s
petition of September 5, 2000.
5