Laboral - Rol N° T-79-2022

Court rejected a former SEREMI Ñuble employee's claim of discriminatory dismissal due to political opinion, finding insufficient evidence and lawful grounds for contract termination.

• The claimant, Nombre, filed a labor tutela lawsuit against the Secretaría Regional Ministerial de Educación (SEREMI) Ñuble, alleging discriminatory dismissal based on her political opinion and affiliations.
• The claimant sought indemnification for violation of fundamental rights (equivalent to 11 last salaries), material damages (unpaid leave), lost earnings (lucro cesante), and moral damages.
• The claimant's employment history included roles as a contractor (honorarios) from February 2019 to August 2021, and subsequently as an annual contract employee (contrata anual) from August 2021 until her premature dismissal on June 11, 2022.
• The claimant alleged her dismissal was motivated by her political affiliation with the Partido Unión Demócrata Independiente (UDI), a party oppo...