Fourth Notary of Temuco must pay more than 30 million CLP in compensation and surcharges to worker dismissed after looking at her WhatsApp conversations.
Yesterday, the Supreme Court rejected the action filed against the sentence issued by the Court of Temuco that upheld a claim for protection of fundamental rights on the occasion of the dismissal.
The plaintiff claims that, at the time of her dismissal, she was accused of having a conversation via WhatsApp web from an office computer giving out sensitive work information. She was informed that her dismissal was on the grounds of lack of probity, insult, and serious breach of her contractual obligations.
The plaintiff described the above as a violation of her right to inviolability of private communications, considering the grounds for dismissal to be unjustified; she therefore requested payment of compensation and legal surcharges, as well as compensation for non-pecuniary damage.
The court of first instance upheld the action for violation of fundamental rights due to dismissal, and ordered the defendant to pay a total of $34.365.599 CLP for compensation and legal surcharges, rejecting the request for compensation for moral damages; a decision that was confirmed by the Court of Temuco by rejecting the appeal for annulment.