2024-02-13 03:15:00
An employee of the Río Negro Legislature fought on all fronts for the government to improve her salary following having obtained a university degree. After the defeat in the administrative field, the woman took her case to the Viedma Labor Chamber, which agreed with him and promotion with salary readjustment.
Nancy Janet Semproni Galván is the worker who works in the Río Negro Legislature. She first obtained her technical degree in Parliamentary Management. At that time, she got the bonus for tertiary studies. She then continued with her degree. But when they gave her her title, they did not want to recategorize her. Sos faced a discussion that went through several legal avenues.
When he obtained the final refusal, he filed an appeal for revocation, suddenly dispatched and a hierarchical appeal. He also formalized the presentation of a new administrative claim, but All that action deserved nothing more than the silence of the Legislature.
Then he went to the Viedma Labor Chamber, which has administrative litigation jurisdiction, and won the battle. with the vote of Judge Gustavo Guerra Labayén and the accession of Carlos Marcelo Valverde and Rolando Gaitán.
The woman, following obtaining the title of Graduate of Parliamentary Management in 2020, requested a recategorization in the ranks of the Legislative Branch. As emerged from the trial, the Legislature’s Admission, Disciplinary and Qualifications Board did not argue its decision.
It’s more, The employee herself had been part of that Board in a similar case in which the recategorization was granted to another legislative worker. It was one of the arguments that Judge Gustavo Guerra Labayén took into account to define the case.
The central issue in the claim was the career ladder regime. The representative of the province, Iván Streitenberger Cachuk, explained that at the time of the plaintiff’s admission, Resolution 811/94 LRN was in force, which was later modified by Resolution 153/19 LRN, issued on April 30, 2019. He maintained that in the previous step it would have corresponded to him, but with the modification its requirement was outside the norm.
Then the discussion was settled on acquired rights and the retroactivity of the regulations. A determining point was the year that the woman began studying: it was in 2012 with the previous resolution. So had been recategorized with the intermediate title of technique and that was granted with the current law. That is to say that on that occasion he did receive his salary and hierarchy improvement in the ranks.
These two arguments twisted the weight of the legislative decision. Then the Viedma Labor Chamber partially granted the employee’s claim and ordered the Legislature to recategorize it, but made no room for salary differences.
The central arguments of the ruling
Guerra Labayén said that two issues led to his resolution of the case. The first that the Admission, Disciplinary and Qualifications Board of the Provincial Legislature itself set a “guideline of action” to resolve cases like the one raised here.
“The decision of the Board to reject -without further ado- the recategorization claim made by the plaintiff (see minutes dated 06/03/2022 incorporated into administrative file No. 10220/L/2022 accompanied as documentary evidence) constitutes a null action. , because completely lacks well-founded motivation and she deviates – without giving any reason – from the rule that she had imposed on herself.”
The other central axis is that, with the same rules “that are at stake here, the plaintiff obtained a different response – and favorable to her claims – in the previous claim for recategorization that she promoted when she obtained the intermediate degree of the same university degree. in the who now won the final title.”
He added that the behavior of the Board with different criteria regarding the same claim violates the rule of “legitimate trust” which, in the field of Administrative Law, is a derivation of the principle of good faith and the doctrine of proper acts and is applied as a mechanism to reconcile the conflict. The rejection of salary differences was justified by the fact that women He did not make that claim through administrative means.
1707805013
#Setback #Río #Negro #Legislature #labor #trial
