21 D. Actions filed by Mr. Lagos del Campo 1. Application for review of dismissal 58. On July 26, 1989, Mr. Lagos del Campo filed an action against Ceper-Pirelli S.A. before the Lima Labor Court requesting that the court declare his dismissal “unjustified and unfair.”75 He denied that he had insulted the company or had used the words “blackmail” and “coercion.” He stressed that, in any case, the statements that had led to his dismissal had been made in his capacity as president of the Electoral Committee of the company’s Industrial Community and referred to internal problems within this community, specifically irregularities in the election of the members of the company’s Board of Directors. In this regard, he argued that the sanction imposed on him, in addition to being unfair, was “a serious violation of his right to freedom of opinion, expression and thought, which was guaranteed in the Constitution, and also a serious interference in community and labor union activities.” Regarding the latter, Mr. Lagos del Campo indicated that “every worker and, in particular, those who occupy positions in labor unions or communities, as in his case, have not only the right, but also the need to be informed and to speak out about workplace situations and activities.” 59. The matter was admitted under file No. 4737-89 before the Fifteenth Labor Court of Lima. In judgment 25-91 of March 5, 1991 the judge ruled that the dismissal was “unlawful and unjustified,”76 considering that for a dismissal to be admissible, the law required that the serious offense attributed to an employee must be duly proven. In this regard, he considered that the dismissal was based on an article published in a newspaper without it being reliably proved by the representatives of the respondent company that the “defamatory words” could in fact be attributed to the worker. In addition, the judge held that the statements contained in the article did not refer to individual persons, and therefore no members of the company had been directly wronged. 60. On June 25, 1991, the company filed an appeal against the decision of the Fifteenth Labor Court. In response, Mr. Lagos del Campo filed a brief on August 1, 1991, in which he refuted the arguments submitted by Ceper-Pirelli; however, this brief was processed by the Labor Court after it had delivered judgment.77 Thus, in a judgment of August 8, 1991, the Second Court reversed the lower court’s decision and, consequently, classified the dismissal as “legal and justified.”78 That court found that the statements made by Mr. Lagos del Campo constituted “serious insubordination or a serious verbal offense against the employer” and that “the State’s Constitution guarantees freedom of expression, but not to insult the honor and dignity of senior personnel of the employer company.”79 immediately, the worker, in execution of the decision and within eight days following its notification, may opt for either immediate reinstatement or the termination or his work contract. If he chooses the latter option, he shall request payment of the special compensation referred to in article 14, and the severance package corresponding to his length of service and other social benefits.” Cf. Action filed by Mr. Lagos del Campo before the Lima Labor Court for unjustified dismissal on July 26, 1989 (evidence file, annex 7 to the Merits Report, ff. 18 to 27). 75 Cf. Fifteenth Judge del Labor Court of Lima. Judgment 25-91 of March 5, 1991. (evidence file, annex 8 to the Merits Report, ff. 29 to 31). 76 Cf. Brief answering the company’s appeal submitted by Mr. Lagos del Campo to the Second Labor Court of Lima, on August 1, 1991, File No. 839-91. (evidence file annex 11 to the Merits Report, ff. 43 to 45). 77 Cf. Second Labor Court of Lima. Judgment 08-0891 of August 8, 1991 (evidence file, annex 12 to the Merits Report, ff. 47 and 48). 78 Cf. Second Labor Court of Lima. Judgment 08-0891 of August 8, 1991 (evidence file, annex 11 to the Merits Report, ff. 47 and 48). 79