The First Labor Court of Letters of Santiago accepted the labor protection action for violation of fundamental rights on the occasion of the dismissal alleged against the Charles y Royal Educational Foundation.
The judgment states that it was a peaceful fact of the case that between the parties there was an indefinite employment relationship, in the period between April 10, 2010 and August 20, 2019, under which the actor served at the Charles de Cerro Navia School as a Computer Monitor and, later, as School Administration Coordinator.
It adds that the last full months worked by the actor were those of March, April and May 2019, since, as of June, he made use of medical licenses, being resolved by the ACHS, on August 1 of the same year, that the disease suffered by the actor corresponded to an occupational disease, the diagnosis of which was an adjustment disorder, for which he considered antecedents such as the medical evaluation and the evaluation of the actor’s job, in which the existence of a Dysfunctional leadership as a risk factor for occupational disease. Therefore, the agency sent a letter to the defendant, giving an account of said factor and suggesting that the institution adopt a series of measures and the incorporation of the Program for the Monitoring of Psychosocial Risks at Work.
He then explains that the actor decided to return to his work on August 20, 2019, despite having a leave of absence until November, when he was given the dismissal letter, which caused him a crisis of distress, requiring a fast-acting psychotropic drug.
Due to the foregoing, and by virtue of the evidence provided to the trial, it considers the existence of sufficient evidence to consider that the guarantees to the physical and / or mental integrity and non-discrimination of the actor were violated.
Regarding the right to physical and / or mental integrity, it appears that it was evidenced that the actor faced a difficult health process that began on June 3, 2019 and that caused him to make use of medical leave with total rest at your home. It adds that the ACHS report is conclusive, insofar as it informs that the direct leadership of the actor turned out to be dysfunctional through an autocratic style or lack of guidelines, which led to the suggestion of a series of measures that the defendant should adopt in her status as an employer, without any precedent that these have been implemented and reported, which is then concluded that she did not comply.
It adds that the actor decided to rejoin his duties earlier, for which he appeared at the educational establishment on August 20, 2019, being received with the termination letter, in which the cause of the company’s needs was invoked, the grounds of which Factuals, supported by an alleged restructuring as a result of a reduction in MINEDUC’s budgets, could not be credited by the defendant.
This decision, concludes the sentencing judge, constitutes a well-founded suspicion that the actor’s professional illness and having had a period of about two months with medical leave were determining factors for the termination of the employment relationship, since there were no other dismissals for reasons of restructuring and reductions of budgets, obeying then a criterion of discrimination due to illness, which also leads to the violation of said guarantee.
In that order of reasoning, it argues that the plaintiff’s dismissal was infringing and it deems the claim for compensation for non-pecuniary damage as a result of the plaintiff’s professional illness, prudentially setting it at the sum of $ 9,000,000, also ordering the compliance with the sentences indicated.
See the full text of the judgment of the First Labor Court of Santiago RIT T-1840-20219.
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