2023-07-19 10:19:00
In an unprecedented decision in Río Negroa labor judge not only stopped the transfer of a victim of violence Rather, it ordered that the measures be taken with the aggressor and not with the victim. By order of the hospital administrator, the woman had to do overtime in a sanatorium. Luis Lavedán, the magistrate, It also issued a ban on approaching, contacting and cessation of harassment. The ATE union celebrated the resolution.
A judge “erased” with a stroke of the pen the measures taken by the hospital administrator of Five Jumps in an act of workplace harassment and violence. It is that the resolutions of Paola Urrutia, at that moment in charge of the health center, they seemed made at the mercy of the aggressor.
The events occurred in the maestranza sector of the public health center. According to the accusation, the person in charge of the area physically assaulted a colleague. In that scenario, Urrutia transferred the victim to another health center to work overtime. The measure led to a precautionary measure that was resolved by Lavandén.
The judge’s decision was forcefule: ordered that the defendant be transferred and ordered a ban on approaching 200 meters and the impediment of contact by any means to stop the harassment.
Workplace harassment: the reform of the law
On March 16 of this year, lhe Legislature approved a unique law in the country. Number 5631 came to replace the old labor procedure law 1504 in force since 1981. The new law allows litigation remotely, incorporates virtual, face-to-face and mixed hearings and some special chapters on violence and workplace harassment.
The special chapter to grant a provincial procedure to the national law 26,485 of Comprehensive Protection to Prevent, Punish and Eradicate Violence once morest Women is unique in the country.
Article 22 of this norm establishes with respect to the competence that “the judge who is competent due to the matter according to the types and modalities of violence in question will hear the case. Even in case of incompetence, the intervening judge may order the preventive measures that he deems pertinent.
For cases of violence or harassment at work, the competence falls before the Chambers of Labor. In this regard, the new law incorporates the way to address these processes at the provincial level. It establishes it in article 72, which was the normative context used by Lavedan, judge of the Cipolletti Labor Chamber.
The magistrate resolved as fair judge, since the presentation was made during the winter judicial recess. In an expedited procedure, she processed the presentation and used a report from the director of the Cinco Saltos hospital, Paola Urrutia, who confirmed that the measures takenthat is, the overtime of the victim worker in the exIndupa sanatorium, were to “guarantee the right to work free of violence.”
The judge considered that the director’s decision “becomes contrary to the postulates and legal protection provided by law 26,485, to any person who is suffering any type of violence in the workplace, since there are no doubts according to the statements of both parties, the act of violence produced and denounced, who has been harmed and/or affected by the measures willing has been the complainant worker”.
PFor this reason, it reversed the decision and, in addition to the prohibition of contact between the accused and the victim, it annulled the worker’s transfer. He ordered the immediate reinstatement of his functions to the Cinco Saltos hospital with the same working and remunerative conditions and the same number of guards. To ensure the distance between the complainant and the accused, the judge ordered the transfer or the corresponding measure but on the accused.
The accused must also refrain from carrying out annoying or harassing acts, causing incidents, utter grievances and/or carry out acts of violence or harassment of any kind once morest the complainant. The measure even includes text messages via cell phones and the use of social internet networks. The approach prohibition was established with a perimeter of 200 meters, all under the warning of incurring the crime of disobedience to a court order.
1689763145
#Historic #court #ruling #complaint #workplace #harassment #Río #Negro
