Moquegua: A doctor denounces sexual harassment to the head of the hospital and is fired

In December 2022, a doctor denouncedin front of the management of the Essalud Assistance Network mockingfor alleged acts of sexual harassment to his immediate patron, William Albert Pinto Samanez, who was dean of the medical school in that region. To date, the case is under investigation; however, the doctor was fired from his post.

There healthcare professional He was working in endocrinology at Hospital 2 in Moquegua, when his immediate boss sent him messages via WhatsApp that were unrelated to work issues.

For this reason, the doctor also denounced him for hostility and moral harassment before the National Superintendency of Labor Inspection (Sunafil) and for sexual harassment before the Public Prosecutor’s Office, charges which are still under investigation.

According to his testimony, Guillaume Albert Pinto Samanez He started sending her messages insinuating that he wanted to visit the doctor, so it is presumed that he took advantage of his superior position to approach her and harass her.

“He started taking responsibility, texting me, insinuating that he wanted me to be with him. He told me he wanted me to be by his side or that he missed me,” he mentioned.

to test your complaint, the doctor showed screenshots of this doctor’s whatsapp chat. There, we read that the boss asks her if they can talk, but she replies that she is going to see a movie, to which Pinto Samanez replies “I will accompany you”. The woman ends the conversation by stating that he is married.

In another conversation, the doctor He asks if the remote work will continue, to which Pinto Samanez replies “you come here with me”. Finally, the professional says to him “no, I enjoy my life”.

“He was always trying to have physical contact, like hugging me or touching me, brushing his arm against mine, grabbing my arm. On one occasion, this man even tried to hug me from behind. I just pulled back and walked away from him,” he said.

There Moquegua de Essalud Assistance Network reports that the doctor was fired due to a disciplinary action against her which ordered that she cannot work for the state for 5 years.

Depending on the entity Health sectorthis sentence was imposed on the complainant, in 2020, because she was absent from work for twenty days in one month when she worked at the Ministry of Health, in Tacna.

Since that year, the decision has been appealed by the doctor, but finally in January 2021 the Civil Service Tribunal rejected his last appeal, the administrative route was therefore exhausted. For this reason, in May 2021, the plaintiff filed a lawsuit before the Judicial authority for the purpose of canceling the administrative penalty. The process is still under investigation and there is no conviction.

It should be noted that his dismissal came after denounced For sexual harassment to her immediate former boss, despite the fact that she had an indefinite contract under the 728 scheme.

Labor lawyer Pamela Navarro explained that a person who denounces sexual harassment at your workplace, you cannot be fired during the investigation process. Otherwise, the law for the prevention and punishment of sexual harassment would be violated.

“The standard says I can’t suspend or send the alleged victim home or rotate. These actions are done with the alleged harasser, but I cannot fire the alleged victim, who filed a complaint. I cannot pressure or harass her to withdraw her complaint.”