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Posted by: Mazur Rodica
News / Social
28 Mar. 2020 / 15:23
The Court of Appeal dismissed the lawsuit filed by the former director of the Republican Clinical Hospital
Chisinau Court of Appeal rejected the lawsuit filed by the former director of the Republican Clinical Hospital "Timofei Moşneaga", Anatol Ciubotaru, regarding the annulment of the decision of March 24 of the Commission for Exceptional Situations, by which he was dismissed, reports Moldova 1.
The decision was taken by judges Maria Guzun, Grigore Dashchevici and Vladislav Clima on March 27, writes zdg.md.
On March 25, one day after he was dismissed from the head of the Republican Clinical Hospital, Anatol Ciubotaru went to court to ask for the decision to be annulled. Anatol Ciubotaru invoked, including, “by suspending the applicability of the provisions of art. 86 paragraph (2), 87, 89, 90 of the Labor Code, as well as other legal provisions imposing conditions, restrictions and rules for dismissal, the Commission for Exceptional Situations of the Republic of Moldova lacked the potential challengers released according to legal instruments of to defend the rights and legal interests and effectively deprive them of the constitutional right of access to justice and the right to a fair trial”.
The representatives of the Commission for Exceptional Situations did not appear in court, the meeting being held in their absence.
Today, the Chisinau Court of Appeal dismissed, as "unfounded", the action filed by the former director of the medical institution.
The civil, commercial and administrative litigation college has established that the legal provisions confer on the Commission for Exceptional Situations of the Republic of Moldova the power to modify the procedure for appointment, dismissal and application of other necessary measures, which are required in the emergency situation established.
Because public institutions, as exponents of state power, have the primary role of carrying out all the measures required in the emergency situation, including those ordered by the Commission, as well as being an eloquent example for the population in demonstrating how to achieve these measures, the College concludes that it is reasonable to establish for their managers admitting infringements of the Commission provisions some simplified dismissal procedures. However, these simplified procedures are intended to ensure the effective continuity of the activity of the corresponding public authority, a conclusion that once again confirms the above mentioned meeting of the criteria, which determines the legality of the contested provision, motivates the judges.
The decision on March 24 to dismiss Anatol Ciubotaru came just hours after it was announced that four medical workers at the Republican Clinical Hospital were suspected of being infected with COVID-19. The Ministry of Health, Labor and Social Protection informed that the director of the medical institution has decided to perform tests in a private laboratory without notifying the ministry.
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