Maribel Mendoza Golden v. El Pollazo Parrillero
Costa Rica Supreme Court
Res. No. 325, Exped. No. 99-00146-0461-LA (2003)

- Written by Whitney Waldenberg, JD
Facts
Maribel Mendoza Golden (plaintiff) was employed at El Pollazo Parrillero (defendant). An assistant manager sexually harassed Mendoza Golden while customers were not present. Mendoza Golden complained to her manager, who failed to intervene. Mendoza Golden then filed a complaint with the regional office of the Ministry of Labor and Social Welfare (the ministry), which failed to investigate. When the manager found out about Mendoza Golden’s complaint to the ministry, he fired her. The National Inspection Board of Labor Ministry ordered its own investigation into the regional office’s mishandling of the complaint, and it brought an action against El Pollazo Parrillero in small claims court, raising issues regarding the failure to heed the ministry’s warnings and adopt and enforce policies and procedures against sexual harassment in the workplace. El Pollazo Parrillero was absolved from liability in that case upon a showing that El Pollazo Parrillero had taken remedial measures and adopted and communicated such policies and procedures to its employees. Mendoza Golden then filed a separate action against El Pollazo Parrillero for damages, including notification expenses, various bonuses due to her, wages due from the time of dismissal to the final judgment, and moral damages. El Pollazo Parrillero never answered Mendoza Golden’s complaint, and the trial court issued an award of damages against El Pollazo Parrillero. El Pollazo Parillero appealed the judgment, and the appellate court upheld the award of damages. Upon appeal to the Costa Rica Supreme Court, El Pollazo Parrillero argued that the prior judgment in its favor barred Mendoza Golden’s current action under the principle of res judicata.
Rule of Law
Issue
Holding and Reasoning (Vega Robert, J.)
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