The place where Martínez is to be reinstated is “Senior Financiero de la Gerencia de Operaciones Financieras”, from which he was fired in November, or another technical position similar to the one he held before taking over. presidency of the entity.
The Constitutional Chamber of the Supreme Court of Justice (SCJ) accepted a request for protection of the expression of the Central Reserve Bank (BCR), Nicolás Martínez, and orders his immediate reinstatement as an employee at the institution.
Martínez filed an amparo against the Board of Directors of the BCR because in a resolution issued by that council on November 3 it was decided to “close the position of Senior Financial Officer of the Management of Financial Operations” in which he worked, and to authorize the detachment of Martínez for the direct closure of his square.
VER: Nicolás Martínez, expressive of the BCR: “I gave up complying with the law and doing my job”
In that lawsuit, Martinez said that when asked to resign as president of the BCR last September, after attending the Legislative Assembly and responding to the call of the commission that will analyze the use of funds for the pandemic, he then asked to be reinstated in his former 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 be held accountable for expenses of the pandemic he was worth his immediate dismissal and the subsequent blockade and awakening in the institution for which he worked for 23 years.
Ensuring that he would return to the institution seeking to resume the charge as a senior financier he had before becoming president, he had applied for a license without leaving his presence at the bank.
This is how, 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, following this agreement of the Board of Directors, he was notified of the cessation of his duties without giving any technical reasons, or having given reasons why his job was unnecessary.
In his lawsuit, Martinez argued that he became “fraudulent” of the figure of suppression or closure of his post “to deploy his status as a public servant.” According to Martínez, the due process in his case was not carried out.
The Chamber admitted the lawsuit, considering that, in Martínez’s opinion, it had violated his rights of hearing, defense and job stability.
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Therefore, after the admission of the lawsuit, the Chamber suspends the effects of the contested action, and consequently the Board of Directors of the BCR will have to be reinstated immediately in the charge of “Senior Financiero de la Gerencia de Operaciones Financieras ”or in a similar category and class,“ as long as it does not involve deterioration or relocation that could harm your labor rights.
In addition, the Chamber orders that Martínez’s salary, employment benefits and other corresponding payments be canceled in full. This is for the duration of the application for protection and until a final ruling 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 technician and that it was one of his weaknesses. . But for Martínez, being a technician has been the advantage that has allowed him to carry out his work with total legality.
