Thu. Feb 21st, 2019

The Court annuls the dismissal of the director of the Institute of Legal Medicine of Las Palmas - La Provincia

The Court annuls the dismissal of the director of the Institute of Legal Medicine of Las Palmas - La Provincia


The Court of Contentious Administrative Number 5 of Las Palmas de Gran Canaria and his province has considered the appeal lodged by the forensic doctor María José Meilán against the order of the counselor of Presidency, Justice and Equality of the Canary Islands Government that on April 13, 2018, she agreed to cease as director of the Institute of Legal Medicine of Las Palmas.

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The judgment that considers the appeal annuls the order that separated the forensic person from the position due to lack of motivation, Y orders that the doctor be reinstated in the position. Likewise, It condemns the Administration to pay the salary differences that were not received on the occasion of the termination, plus the legal interests.

The ruling states that the doctor was dismissed from the position based solely on a report from an occupational risk prevention company that, she asserts, "can badly be incorporated as a motivation for the administrative act object of the appeal".

"The reasons for the cessation," states the ruling, "beyond the rituaria and empty formula of the loss of confidence incorporated into the text of the order appealed, were completely unknown to the affected, generating it a defenselessness that vitiates absolute nullity the order appealed. "

The sentence, which is attached, is subject to an appeal before the Administrative Contentious Chamber of the Superior Court of Justice of the Canary Islands.

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