Supreme Court reverses decision and accepts claim of unjustified dismissal of teacher dismissed due to expiry of term of office

On 11 November 2025, in an appeal for unification of jurisprudence (Rol 18.685-2024), the Supreme Court upheld a claim for unjustified dismissal brought by a teacher because, despite having invoked an objective cause such as the expiry of the term of the contract, the letter of notice justifying the termination of the contract had not been sent.

The ruling reaffirms that the written notice is an unavoidable obligation of the employer, in which the employer must state the legal grounds and the specific facts on which they are based, regardless of the grounds invoked. This letter delimits the factual framework of the trial, so that, if the employer does not send it, it will not be able to prove in the trial the facts that justify the termination of the contract (in this case, the expiration of the term) and, not being able to prove them, the termination is necessarily qualified as unjustified.

You can review the full ruling here