The position in which Martínez must be reinstated is that of “Financial Senior of the Financial Operations Management”, from which he was fired in November, or another technical position similar to the one he held before assuming the presidency of the entity.
The Constitutional Chamber of the Supreme Court of Justice (CSJ) accepted a request for protection from the former president of the Central Reserve Bank (BCR), Nicolas Martinez, and orders his immediate reinstatement as an employee of the institution.
Martínez filed an amparo against the Board of Directors of the BCR because in a resolution issued by said council on November 3, it was decided to “close the position of Senior Financial Officer of the Financial Operations Management” in which he worked, and the dismissal was authorized Martinez for the direct closure of his place.
In said lawsuit, Martínez stated that when he was asked to resign as president of the BCR last September, after attending the Legislative Assembly and responding to the call of the commission that analyzes the use of funds for the pandemic, he then requested to be returned to his old job.
In an exclusive interview with El Diario de Hoy in November, Martínez explained that disobeying the presidential order of not attending the Legislative Assembly to render accounts for expenses The pandemic earned him his immediate dismissal and the subsequent blockade and dismissal at the institution for which he worked for 23 years.
He assured that when he returned to the institution, he intended to resume the position as Senior Financial that he had before being president, since he had requested a leave without pay while he was in the presidency of the bank.
Thus, after resigning as head of the BCR, Martínez was appointed on October 2 to the position of Senior Financiero, which, he says, was “eminently technical.”
However, on November 3, after that agreement of the Board of Directors, he was notified of the termination of his duties without having given him technical reasons, or having given him reasons why his job was unnecessary.
In his lawsuit, Martínez argued that the figure of suppression or closure of his position was “fraudulent” to strip him of his status as a public servant. According to Martínez, due process was not carried out in his case.
The Chamber admitted the claim, considering that, in Martínez’s opinion, his rights to a hearing, defense and job stability have been violated.
Therefore, after the admission of the claim, the Chamber suspends the effects of the contested action, and consequently the Board of Directors of the BCR must immediately reinstate him in the position of “Senior Financial Manager of the Financial Operations Management” or in any similar position. of category and class, “as long as it does not imply impairment or transfer that could harm their labor rights.
In addition, the Chamber orders that Martínez’s salary, employment benefits and other disbursements that correspond to him be paid in full. This is during the time that the application for protection lasts and until a final pronouncement is issued.
At the time, when the President of the Republic, Nayib Bukele, was asked about Martínez’s departure from the presidency of the BCR, he replied that the former official was not a politician, but a technical one and that this was one of his weak points. But for Martínez, being a technician has been the advantage that has allowed him to carry out his work with total legality.