Laboral - Rol N° O-24-2020

Juzgado de Letras declara injustificado el despido de docente por reestructuración, ordenando al empleador pagar recargo legal del 30% sobre indemnización por años de servicio y costas.

• Plaintiff Nombre, a professor, was employed by Hermanas Franciscanas de Gante from March 1, 2006, to February 29, 2020, earning $1,515,598, and was dismissed under Article 161 of the Labor Code via a letter dated December 20, 2019.
• The employer cited the need for restructuring the History, Geography, and Social Sciences department as the cause for dismissal, communicated through a letter dated December 20, 2019.
• The plaintiff alleged the dismissal was retaliatory for her testimony during a 2018 labor inspection and contested the employer's stated reasons as lacking factual basis.
• The employer's dismissal letter was deemed insufficiently detailed and lacked a clear correlation between departmental restructuring needs and the plaintiff's specific dismissal.
• The court empha...