Expat Community > Panama

jr555
Joined 2018
Posts: 125

3 months ago

I haven't been on this site for a long time, but I felt I should share a recent experience in the Panamanian Labor Court. Although we might all feel we are familiar with the ways of our adopted country, let this story serve as a reminder to remain cognizant of how we go about things.
I must shorten the story significantly risking reading it seeming disjointed, specifically pertaining to background information.
My wife occasionally used the services of someone who is a truck driver to take her places in David where she wasn’t comfortable driving. This was an infrequent arrangement when he wasn’t working and when she needed him. They always used our vehicle, never his and she insisted he accompany her and not remain in the vehicle alone. However, one day he said he was feeling ill, and she allowed him to remain in the vehicle. A few days later she received an email from the bank asking her to confirm she had been making high value purchases and numerous ATM withdrawals with her debit card. It hadn’t been her and she immediately had her card canceled. She then reported it to the police and informed them that she suspected her driver as the withdrawals were made in locations where he told her he would be going to.
After the driver was confronted by the police he took a vindictive path, went to the Labor Board reporting us for wrongful dismissal and suing for unpaid vacation and 13th month. This case was pertaining to wrongful dismissal. We discovered that he had paid or threatened witnesses to either to support his claims or not to act as our witnesses. Evidence against his claims looked to be damming especially as ATM video showed him to be the one making the withdrawals. But within a few minutes of the witness testimony ending the judge found in his favor, not even considering viewing the ATM videos.
The entire process was a farce, first he was never an employee, no more than a plumber, electrician or taxi driver might be viewed. Per this decision we have no right to determine who drives our personal vehicle! If we decide to change hairdresser, doctor, dentist . . . we can be accused of wrongful dismissal!
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