Condenan a Municipalidad de San Gregorio por grave caso de acoso sexual

20 Octubre 2020  10:26

El Juzgado de Letras del Trabajo de Punta Arenas acogió la demanda por vulneración de derechos presentada por una ex funcionaria en contra de la Municipalidad de San Gregorio, a la que acusó de no tomar medidas de reparación y protección tras denunciar a compañeros de trabajo por acoso sexual.

En el fallo, la magistrada Claudia Ortiz Quinteros, tras dar por acreditada la relación laboral entre las partes, ordenó a la municipalidad el pago de una indemnización de $12.000.000 por concepto de daño moral, a la demandante, y la realización de un curso sobre derechos fundamentales, igualdad de género y acoso sexual para todos los funcionarios de planta y personal a honorarios, bajo apercibimiento de multa de 100 UTM.

Según la resolución, la afectada informó verbalmente de los hechos a Iván Muñoz, su jefe directo, y al alcalde Edgar Cárcamo, quienes no adoptaron medidas encaminadas a protegerla, particularmente en cuanto a su integridad psíquica, ya que con posterioridad a los hechos los responsables solo fueron trasladados a otra oficina en que compartían únicamente ellos, «en circunstancias que la primera medida de resguardo era precisamente separarlos de puesto de trabajo».

Además, agrega el fallo, a uno de los denunciados se le renovó el contrato a honorarios para el año 2020 e, incluso, el alcalde «reaccionó de mala manera frente a la queja de la trabajadora, según detalló el testigo Roberto Valle quien estuvo presente en la reunión».

Añade que si bien el alcalde ordenó realizar una investigación sumaria, «ello ocurre recién el 28 de febrero de 2020, es decir, dos meses después del episodio de acoso sexual y después de interpuesta la denuncia judicial de tutela laboral. Dicho proceso administrativo sobreseyó el caso por Resolución de fecha 11 de septiembre de 2020, por no haberse detectado responsabilidades administrativas».

Para el tribunal, «el cúmulo de antecedentes médicos aportados por la demandante dan cuenta de que se vulneró su derecho a la integridad psíquica, razón por la cual permaneció con licencia médica y tratamiento médico por neurosis laboral en la Asociación Chilena de Seguridad desde el 12 de febrero de 2020, sin reintegrarse más a su trabajo hasta que renuncia en agosto de 2020».

Además, la magistrada Ortiz Quinteros estableció que «la trabajadora se vio expuesta a actos que invadieron su espacio corporal, que solo es franqueable por individuos con muchísima confianza, atropellándose de esa forma su dignidad, atropello que el empleador perpetuó al no ampararla oportuna y eficazmente, todo ello con la agravante que los hechos ocurrieron en presencia de sus compañeros de trabajo».

«Que resulta evidente que se está de cara a un caso de vulneración del derecho a la integridad psíquica y del derecho a la honra ocurrida durante la vigencia de la relación laboral, y dado que la demandada no acreditó la justificación de su pasividad ante el acoso sexual sufrido por la trabajadora se acogerá la acción de tutela laboral como asimismo la demanda de indemnización del daño moral, el cual en la especie se ha configurado por la afectación a su honra y dignidad como por la merma que desde el punto de vista psíquico ha experimentado la actora, afectación que ha sido debidamente diagnosticada», concluye el fallo.


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