Employee Resignation Following Incapacity vs. Severance for Dismissal Without Fault

The case involved a dispute where an employee, having been employed under a contract for an indefinite term, resigned after a period of incapacity due to an industrial accident, subsequently demanding payment for the severance allowance stipulated in a collective bargaining agreement applicable to employees dismissed without fault. The employer refused payment, arguing the resignation constituted a definitive termination of the employment relationship initiated by the employee, thus precluding entitlement to the allowance intended for dismissals. The court upheld the employer's position, reasoning that the collective agreement provision granting the severance allowance upon dismissal without fault only applied to terminations initiated by the employer, and a voluntary resignation by the employee, even following a period of incapacity resulting from a work-related injury, did not trigger the employer's obligation to pay such an allowance.