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He appealed against the director of the Magallanes Health Service.
ANDOn April 21 in an interview granted to this medium, the emergency doctor Leonardo Isla Saavedra did not rule out resorting to the judicial route after he was removed from the position of chief of the Samu Punta Arenas, without reason, and without any open investigation. He also went to the Comptroller’s Office.
On the last day of April, he made use of his right to file a protection appeal before the Court of Appeals of this city, against the director of the Magallanes Health Service, Nelson Reyes Silva.
Specifically, he accuses a transfer by a service commission out of all legality, according to two exempted resolutions dated April 6 and 13 of the current year, both issued by the Magallanes Health Service, which he considers arbitrary at all times, which constitute a impairment and an infringement of rights towards his person, generating him an economic damage of considerable magnitude, apart from public discredit as a professional and a threat to his physical and psychological health.
On June 1, 2019, through a public competition, Leonardo Isla obtained the leadership as Samu regional coordinating doctor, however on June 18 he was commissioned to take over the leadership of Samu Punta Arenas Prehospital Care.
However, on April 6 of this year, it was decreed to support the Hospital Hospital Emergency Unit. In addition, it will fulfill the role of call shift in the Regulatory Center of the Samu Magallanes. Then, on April 13, the change of functions was ratified.
In his legal presentation, the medical professional argues that the change in functions, and mainly the fact that he was assigned a position lower than the one he was performing last year, generates both personal and economic harm.
He is more surprised with the administrative measure, when he specifies that “during the exercise of my functions I was never subject to demerit notes, since I always had conduct and performance consistent with the position I held. Nor did I in any way breach or express my official obligations, nor did I violate the instructions and service orders. Furthermore, no disciplinary measure was ever brought before me. ”
Leonardo Isla maintains in his appeal that the “appealed act is illegal, arbitrary inasmuch as it is contrary to the legal system because it violates and flagrantly violates articles 3 and 40 of Law No. 19,880 on Administrative Procedure, since being an unfounded administrative act both from a technical point of view, that is, in order to express the legal reasons on which the transfer by service commission is based, both from a factual point of view, in order to indicate the facts on which the aforementioned decision is based, they are definitely omitted outright. The appealed act is also arbitrary in that they have not been adopted with criteria that can be considered rational according to the requirements established in the administrative statute ”.
Through judicial channels, the doctor demands before the Court that both contested resolutions be declared invalid and that in his replacement he be reinstated in his former position.
Next week the court must rule on the admissibility of the legal presentation.
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