In this amparo proceeding, the declaration of "dismissal in the position of Head of Practical Works" at the University of Buenos Aires was discussed.
The plaintiff wanted to be reincorporated into the teaching staff under the remote work modality, since he claimed to suffer from "severe chronic obstructive pulmonary disease (COPD)", which is why his teaching activity in person was not recommended, nor the imposition of the vaccine against COVID-19 because it was in the experimental phase. The plaintiff alleged that the university’s decision was arbitrary and left him in a vulnerable position, as he was left without health service coverage, despite being at-risk personnel. He alleged that decree 413/2021 prohibited suspensions due to force majeure or lack or decrease in work, as well as the ineffectiveness of dismissals and suspensions in violation of what was decreed therein.
The court considered that the university did act unlawfully, since it did not call for public competition (contest) once the plaintiff’s assignment expired. According to what the regulations order, in the absence of a contest for the expiration date of the designation, the professor must retain his position as a regular professor until the contest is completed.
Regarding the alleged breach of the professor’s labor contract, the court upheld the appealed judgment, indicating that the university had the prerogative to decide the way in which the plaintiff should carry out his work, as well as the disciplinary mechanisms and procedures to adopt the necessary measures against alleged breaches of tasks; without this being the competence of the amparo judge.
Reference: Argentina, Federal Administrative Litigation Chamber- Room II, 12 October 2022, CAF file 011132/2021/CA001.