Firefighters dismiss administrative assistant without employer liability due to unjustified absences

The General Directorate of the Benemérito Cuerpo de Bomberos de Costa Rica (Costa Rica Fire Department) imposed the sanction of dismissal without employer liability on administrative assistant Suline Youstine Chinchilla Vargas, of the Vehicle Maintenance Unit, for unjustified absences. The final act was issued at nine forty hours on October 15, 2026, and was notified by publication in La Gaceta No. 200 on Thursday, October 22, 2026, with the official reference IN202601133737.

The decision was adopted within the special administrative disciplinary procedure processed under file CBCR-011-2026-ORL-O, as stated in the first-time publication ordered by the institution. Notification was carried out by edict, in accordance with articles 241, 242, and 246 of the General Law of Public Administration, due to the impossibility of performing it at the last address registered with the institution and since no other known available place or means existed, according to the proceedings incorporated into the administrative file.

The notice must be published three times consecutively, and the notification shall be deemed completed five days after the last publication, pursuant to article 241 of the General Law of Public Administration. The full text of the resolution and the administrative file remain available for consultation by the interested party.

Proven Absences

After evaluating the documentary and testimonial evidence, the General Directorate declared the official’s unjustified absences proven on the following dates of 2026:

• April 8
• April 9
• April 27
• April 28
• April 29
• April 30
• May 20

On none of those days was there a medical disability, permit, leave, or other cause justifying the absence, according to the notified text.

Very Serious Misconduct and Regulatory Basis

The General Directorate determined that the absences breached the duty of attendance and effective provision of service and affected the operation of the Vehicle Maintenance Unit, as they required the redistribution of functions and generated an accumulation of files and delays in administrative tasks. For these reasons, the conduct was classified as very serious misconduct, and dismissal without employer liability was imposed.

The sanction is based on article 82, subsection a), in relation to articles 80, subsection 1), and 87 of the Collective Labor Agreement of the Benemérito Cuerpo de Bomberos de Costa Rica, as well as the cause provided for in article 81, subsection g), of the Labor Code. The final act bears the signature of Héctor Chaves León, General Director of the institution.

Appeals and Effects of Notification

Ordinary appeals for revocation and appeal may be filed against the final act, within a period of three business days starting from the business day following that on which the notification is deemed to have been made. Both appeals must be filed before the General Directorate: the revocation shall be resolved by that same body and the appeal shall be elevated to the Board of Directors for its resolution.

The case illustrates the use of publication in the official gazette as a subsidiary notification mechanism when the administration is unable to locate the public official, and reminds readers that the deadlines to challenge a disciplinary sanction run from the last of the three publications of the notice.

Source: La Gaceta, No. 200, October 22, 2026, p. 82 (official reference: IN202601133737).