Court orders ODAC to compensate Marcos Dominici for irregular dismissal under Law 41-08

Santo Domingo. – In a groundbreaking advancement for administrative justice and the protection of public servants, the First Chamber of the Superior Administrative Tribunal (TSA), through its Sentence No. 0030-02-2025-SSEN-00574, recognized that the dismissal of journalist Marcos Dominici from the Dominican Accreditation Organization (ODAC) was executed with excess and without due respect for the legal guarantees that govern the public function. This decision came after the Supreme Court of Justice, through Judgment SCJ-TJ-24-0300 of February 29, 2024, annulled the previous judgment for violation of its right to defense and ordered the referral of the file to be re-evaluated by another court.

After examining the facts, the TSA declared the appeal filed by Dominici through his lawyers to be regular and valid, and partially upheld his claims, concluding that his separation from the position of Head of Communications of the ODAC lacked justification and was carried out irregularly.

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By virtue of this, the Court ordered ODAC to pay RD$595,000.00 in favor of Marcos Dominici Borges, corresponding to the compensation established in article 60 of Law 41-08 on Public Function, recognizing the acquired rights as a Simplified Statute server during his more than seven years of continuous service in the institution. The ruling highlights the public administration’s obligation to act in accordance with the law, duly justify its decisions, and respect due process in proceedings. With this decision, it is reaffirmed that justice has prevailed and that the State bodies must guarantee dignified, legal, and transparent treatment towards public workers. The sentence constitutes an important precedent in defense of the institutionality and the rights of public servants in the Dominican Republic.