Last May, the Sixteenth Collegiate Labor Court of the First Circuit issued a series of jurisprudence and theses with which it generated the criterion of “reinforced job stability . ”
The case he analyzed was also about an employee in the service of the State, she was unjustifiably fired when she was breastfeeding . The employer defended itself by assuring that the worker was the one who resigned.
But there entered another thesis that previously the Supreme Court had created. When the employer party argues that they are the ones who voluntarily resign, we must doubt. The labor or judicial authority is obliged to observe the file with a gender perspective , otherwise it is violating the procedural laws.
That same court, the Sixteenth, issued another thesis in August. On that occasion, he reviewed the dismissal of a teacher who could not appear before her group because her nine-year-old daughter became ill and was hospitalized. Although she proved that this had happened, the Ministry of Public Education (SEP) ceased her.
The jurisprudence Access to justice under conditions of equality: Elements to judge with a gender perspective and Rights of girls, boys and adolescents: The best interests of the minor stands as the primary consideration that must be addressed in any decision that affects them , were the basis for the work thesis.
This thesis indicates that both the employer and the labor authority must examine the case based on the human right to non-discrimination based on gender and based on the best interests of children.
