The Labor Court of Iquique accepted a lawsuit for labor protection filed against the National Service for Women and Gender Equity (Sernameg), an action filed by the former director of the agency in Tarapacá, Pamela Hernández, for workplace harassment.
In the ruling, Magistrate Marcela Díaz Méndez gave rise to the legal action taken, after establishing that the defendant violated the fundamental rights of the plaintiff, incurring workplace harassment against her, for which she must make a payment of $ 50,000,000 for concept of non-material damage, and $ 1,985,313 for 14 days of unpaid wages.
“Regarding the workplace harassment alleged by the plaintiff, after analyzing the evidence provided, by both parties, jointly and in accordance with sound criticism (…), it will be considered as proven that the plaintiff suffered the workplace harassment that she denounces, which is identified with a type of harassment of a vertical nature, in which her hierarchical superiors weaken the decision-making power and autonomy of the plaintiff in the fulfillment of her duties, causing her to lose her leadership, through insult and mistreatment, actions carried out both in private and in public, recriminating her and dismissing the work done; no support or feedback “, sets the fault.
Likewise, the resolution adds: “Regarding the violation of her right to physical and mental integrity, it will be considered proven, mainly, after analyzing the evidence, in light of the Resolution of Qualification of the illness suffered by the plaintiff, carried out by the ACHS, which determined that the risk agent is dysfunctional leadership through autocratic style. In this way, Furthermore, the defendant has failed to comply with its duty-obligation to protect the life and health of the workers, in accordance with the provisions of article 184 of the Labor Code “.
“Now, in order to determine the amount of non-material damage alleged by the plaintiff, the age of the worker, the time she should have been exposed to the damage, the magnitude of the damage, her position as a regional authority and the ministry he led, ”he adds.
“Indeed,” he continues, It cannot be overlooked that the plaintiff represented one of the ministries whose main and / or perhaps most important of its objectives is the protection of women and the eradication of all types of violence exercised against them; which must be complied with by the State, bearing in mind the Convention on the Elimination of All Forms of Discrimination against Women (Cedaw) and the Convention of Belém do Pará, both duly ratified by Chile ”.
“Based on the reasons, given the seriousness of the facts, the request by the plaintiff will be granted, in the amount demanded, as determined in the decision,” he concludes.
Likewise, the resolution orders as a remedial measure, that the defendant must extend a public apology to the worker, which must be published in a newspaper with regional circulation, by notice, which must measure 5 x 10 centimeters, in a period not exceeding 15 days, counted from the date the sentence is final and enforceable. Judgment that must also be published by the defendant on the Sernameg website.