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Comisión Especial de la Provincia de Limón, 18 noviembre 2025
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Comisión Especial de la Provincia de Limón, 18 noviembre 2025

Session Initiation and Agenda Overview

Opening Remarks

  • The session begins with a quorum confirmed by five deputies present, marking the start of the 95th ordinary session of the Special Commission for the province of Limón.
  • The minutes from the previous session (94) are discussed and approved without further issues. No internal matters or correspondence are noted.

Project Discussions

  • Projects one and two are currently in subcommittee review. A significant investigation is scheduled for March 6, 2026, regarding APM Terminals.
  • An audience is set to hear from Susy Winchin, Executive President of Jaba, concerning allegations of workplace harassment. A brief recess is called for her arrival.

Presentation by Susy Winchin

Introduction and Context

  • Susy Winchin opens her address with greetings to deputies and viewers, particularly those from Limón. She emphasizes the importance of discussing institutional transformation at JABDEVA before addressing harassment claims.

Institutional Transformation

  • Winchin highlights that JABDEVA underwent significant changes starting in 2019 with the approval of Law 9764, which restructured its operations and personnel management processes. This law was crucial for establishing labor mechanisms such as incentives and pre-retirement regimes.
  • She clarifies that JABDEVA's creation dates back to 1963 under Law 3091 but stresses that real transformation began only after legislative changes in recent years. The restructuring aimed to rationalize staff numbers significantly due to operational needs linked to APM's concession agreement.

Employment Statistics

  • As a result of these transformations, JABDEVA reduced its workforce by approximately 78%, leaving only 258 employees remaining from an original count of over a thousand positions prior to restructuring efforts initiated in late 2019. This included various administrative service outsourcing proposals that were partially implemented.

Current Workforce Dynamics

  • Currently, JABDEVA employs a total of 351 individuals: including reinstated workers (47), fixed contracts (246), interim staff (99), and substitutes (6). Winchin notes this exceeds previously established employment limits while highlighting ongoing administrative challenges within the organization related to labor disputes rather than personal conflicts involving leadership roles.

Legal Proceedings and Conclusions

Ongoing Legal Matters

  • Winchin mentions there are currently 41 judicial processes underway related to employment disputes at JABDEVA; out of these, 37 have been resolved favorably for the organization while four remain pending resolution.

Summary Insights

  • She concludes by acknowledging the difficult transformation process faced by JABDEVA but asserts positive outcomes have emerged since her administration took charge amidst challenging circumstances affecting many employees during this transition period.

Discussion on Workplace Harassment and Disciplinary Actions

Context of the Meeting

  • The speaker acknowledges the pressure faced by colleagues but emphasizes that the discussion is strictly disciplinary, not personal.

Distinction Between Workplace Harassment and Disciplinary Authority

  • The speaker clarifies that workplace harassment differs significantly from the disciplinary powers held by management.
  • They highlight that available evidence points to workplace harassment rather than disciplinary issues in specific cases.

Case of Luz María Acosta

  • Luz María Acosta has received multiple favorable court rulings, yet she continues to face fraudulent reinstatement without proper functions.
  • The speaker argues there is intentionality behind the harassment Acosta experiences, particularly regarding her role in resource authorization.

Additional Cases Highlighted

  • Another case involves Nelson Kiel, a union leader who was wrongfully dismissed; a court ruling mandates his reinstatement which has not been honored.
  • There are serious violations of workers' fundamental rights confirmed by judicial authorities, including threats and verbal abuse against employees.

Judicial Findings on Discrimination

  • A ruling recognized gender-based discrimination against Acosta, noting that a less qualified male was appointed instead of her.
  • The speaker insists that non-compliance with judicial orders constitutes contempt of court rather than legitimate disciplinary action.

Questions Regarding Compliance with Court Orders

  • The speaker questions whether management acknowledges existing court orders for reinstating affected employees.

Management's Response to Allegations

  • Management claims both Acosta and Kiel have been reinstated properly; however, they are accused of being placed in lower positions without their original functions.

Economic Impact Inquiry

  • A question is raised about the financial costs incurred due to legal battles lost by the institution related to these cases.

Clarification on Past Incidents

  • It’s noted that some allegations against Acosta stem from previous administrations, emphasizing clarity on timelines and responsibilities.

Ongoing Legal Processes

  • The discussion touches upon ongoing legal processes affecting various cases mentioned earlier.

This structured summary captures key discussions around workplace harassment allegations and responses from management within a specific context. Each point links back to its corresponding timestamp for easy reference.

Update on Legal Proceedings

Overview of Current Status

  • The speaker mentions that Doña María Luz is still in the process regarding a legal matter, with an initial ruling in their favor but awaiting resolution on cassation.
  • There is a noted discrepancy between the updates received by different parties involved, indicating potential issues within the communication or handling of the case.

Allegations Against Japeva

  • Workers have reportedly received multiple favorable rulings, yet Japeva's executive presidency has allegedly refused to comply, suggesting a pattern of non-compliance or contempt for judicial decisions.
  • The speaker emphasizes that such behavior incurs costs borne by all Costa Ricans, as these are not personal financial penalties but rather societal ones.

Patterns of Behavior

  • A recurring pattern is identified: harassment, dismissal, reinstatement, and subsequent non-compliance with court orders. The speaker questions the justification behind this behavior from Japeva.
  • The respondent insists they are complying with laws and regulations but fails to address why this pattern persists or what justifies it. They assert that only a judge can accuse them of contempt, not the questioning party.

Discussion on Employment Practices

Compliance with Labor Laws

  • The respondent claims to respect labor rights and legal standards while denying any wrongdoing related to alleged disobedience towards court orders. They suggest that accusations stem from misunderstandings about their authority and actions.
  • Concerns are raised about irregularities in port security management being outsourced to private entities despite constitutional guarantees for state control over such services. This raises questions about accountability and governance practices at Japeva.

Staffing Changes at Jabeva

  • Inquiry into administrative versus operational staffing reveals there are currently 351 employees at JPDEVA, with 246 being permanent positions; however, details on recent hiring trends remain unclear.
  • Questions arise regarding whether layoffs correlate with shifts from operational roles to administrative ones and if technical studies justify these personnel changes made by Jabeva management.

Call for Transparency

Request for Documentation

  • A demand is made for technical studies supporting personnel movements within Jabeva due to numerous dismissals leading to legal disputes favoring workers; this indicates significant financial implications for the organization due to ongoing litigation costs associated with these decisions.

Rights of Workers

  • Emphasis is placed on respecting not only labor rights but also human rights within workplace dynamics; this highlights broader ethical considerations beyond mere compliance with labor laws during discussions about employee treatment at Jabeva.

Tensions During Discussion

Atmosphere in Meeting

  • Tensions escalate as one participant expresses frustration over others' willingness to listen during discussions; they emphasize voluntary attendance and urge those uninterested to leave rather than disrupt proceedings further.

Clarification Requests

  • An individual seeks clarification regarding past interactions involving officials and suggests previous meetings may have been misrepresented or taken out of context; they advocate for transparency in communications moving forward.

Discussion on Legislative Conduct and Accountability

Concerns Over Recording and Respect in Legislative Sessions

  • The speaker expresses a need for privacy during discussions, indicating that they requested not to be recorded to explain the context of their summons.
  • A reference is made to an incident where a deputy had their phone taken away during a meeting, questioning the appropriateness of such actions in legislative settings.
  • The speaker emphasizes the importance of respect within the legislative assembly, asserting that it is not a circus but a serious institution addressing public grievances.

Critique of Current Administration

  • The speaker criticizes the current administration, suggesting that significant changes are expected after May 7th, hinting at dissatisfaction with existing leadership.
  • There is an appeal for maintaining order and respect during discussions, highlighting how certain behaviors contribute to chaos within legislative proceedings.

Addressing Labor Issues and Allegations

  • The discussion shifts towards labor issues within institutions, particularly focusing on allegations of workplace harassment and the need for respectful dialogue among all parties involved.
  • Emphasis is placed on conducting conversations without resorting to insults or disrespectful behavior, advocating for civility in addressing serious accusations.

Reinstatement Controversies

  • A question arises regarding whether reinstated employees have returned to their original positions with full responsibilities as per court orders.
  • Clarification is sought about reinstatements being effective while also noting potential discrepancies in job roles post-reinstatement.

Legal Implications and Worker Rights

  • Discussion highlights concerns over fraudulent dismissals leading to economic losses for both employees and institutions due to improper handling of reinstatements.
  • The speaker challenges claims about discrimination and harassment in labor cases, emphasizing legal protections afforded by union representation.

Discussion on Labor Rights and Union Representation

The Role of Union Leaders in Meetings

  • A question arises about whether a union leader was forced to leave a meeting, with the speaker unable to recall any instance of such an action.
  • The speaker acknowledges that union leaders are present to protect workers' rights, expressing concern over the choice of oral communication regarding harassment issues.

Concerns Over Oral Communication

  • There is criticism regarding discussing workplace harassment verbally without written documentation, raising questions about transparency and accountability in state institutions.
  • The speaker insists that this method was only used for one specific meeting, implying it was not standard practice.

Objectives of the Meeting

  • The purpose of the meeting was clarified: 36 individuals had signed a document accusing the speaker of workplace harassment, prompting her desire to meet them face-to-face.
  • The speaker highlights efforts made to assist port security personnel by proposing promotions while alleging manipulation by union representatives.

Allegations Against Union Representatives

  • Claims are made against a union representative for allegedly misleading employees into signing documents without prior interaction with the accused.
  • The speaker emphasizes that no coercion occurred during the meeting; participants were free to leave if they wished.

Legal Implications and Respectful Discourse

  • Concerns are raised about potential defamation due to unproven allegations against a union member, questioning respect for all parties involved.
  • A request for clarification is made regarding accusations directed at the speaker, indicating ongoing tensions within discussions.

Call for Order in Discussions

  • A plea is made for maintaining order during debates as discussions become increasingly focused on union representation rather than institutional regulations.
  • Emphasis is placed on ensuring that discussions remain relevant and structured to facilitate effective dialogue among participants.

Discussion on Committee Leadership and Respect

Addressing Committee Dynamics

  • The speaker emphasizes the importance of respectful dialogue within the committee, asserting their ability to lead discussions effectively.
  • Clarifies that a specific member was allotted additional speaking time due to procedural choices made by others in the committee.
  • Highlights their practice of allowing members to finish their thoughts, reinforcing a culture of respect during debates.

Accusations and Defense

  • Responds to accusations regarding time management, stating that they have provided ample opportunity for all members to speak.
  • Calls for calm among committee members, suggesting some may not fully understand the role of leadership in facilitating debate.

Understanding Unions and Labor Rights

  • Discusses misconceptions about unions, arguing they are essential organizations for defending labor rights rather than negative entities.
  • Shares personal experience with unions as a former educator, emphasizing that affiliation does not preclude disagreement with union positions.

Respectful Communication in Committees

Protocol for Speaking

  • Reminds members about proper protocol when requesting to speak during meetings, stressing the importance of respect towards current speakers.

Labor Rights Discussion

  • Addresses issues related to labor rights and workplace harassment, highlighting serious consequences faced by individuals under poor working conditions.

Acknowledgment of Leadership Qualities

  • Commends the chairperson's balanced approach in leading discussions while encouraging adherence to established communication protocols.

Discussion on Workplace Conduct and Complaints

Opening Remarks

  • The session begins with a focus on the importance of addressing issues effectively within the commission, emphasizing collaboration for positive outcomes.

Inquiry into Meeting Protocols

  • Deputy Moreira questions whether the meeting invitation was made verbally or in writing, highlighting concerns about communication methods used to summon workers.
  • Susy responds that she instructed security personnel (OPIPs) to contact reinstated colleagues regarding their attendance at meetings.

Allegations of Participation Limitations

  • Concerns are raised about claims from board members alleging that Susy restricts their participation and enforces voting based solely on her directives. Susy denies these allegations.

Addressing Harassment Protocols

  • A question is posed regarding adherence to established protocols for handling workplace harassment complaints, particularly concerning female employees. Susy affirms compliance but is asked for specifics.
  • It is revealed that a committee exists to address harassment issues, led by Tatiana Hernández, although there are doubts about her capacity to fulfill this role due to current incapacitation.

Health Services and Medical Restrictions

  • Discussion shifts to health services available at Japeva; it’s noted that only one doctor currently manages health-related matters.
  • An inquiry arises regarding restrictions placed on medical leave documentation by the doctor at Japeva. Susy deflects responsibility for such actions.

Compliance with Employment Laws

  • The conversation touches upon compliance with affirmative action laws concerning Afro-descendant representation within the workforce. Susy confirms adherence but needs to provide specific percentages later via email.

Anonymous Complaints and Equipment Issues

  • Anonymous reports suggest that Susy authorized the disabling of computers belonging to dissenting staff members. She categorically denies these claims.

Concerns About Leadership Style

Reflection on Communication Style

  • Deputy Moreira expresses personal reflections on informal complaints received about Susy's leadership style, particularly regarding perceived aggression in communication.

Call for Self-awareness in Leadership

  • Moreira urges Susy to consider how her mannerisms affect others' perceptions, advocating for a more respectful approach towards all employees and representatives.

Importance of Respectful Interaction

  • Emphasis is placed on maintaining dignity in interactions as a leader; Moreira stresses that even when frustrated, respect must prevail in professional settings.

Allegations of Misconduct

  • Serious accusations arise regarding alleged mistreatment and verbal abuse directed at subordinates by Susy during work interactions.

Final Thoughts on Leadership Responsibilities

  • Moreira concludes with an assertion that true leadership involves respecting human dignity among subordinates while managing frustrations appropriately.

Leadership and Workplace Dynamics: A Critical Discussion

The Need for Healthy Leadership Practices

  • Emphasis on the importance of creating healthy environments in leadership, suggesting a shift from aggressive tactics to dialogue and respect.
  • Warning against using power to instill fear or mistreatment, highlighting that such behavior poses an institutional risk rather than effective leadership.
  • Encouragement to lead with respect and kindness, acknowledging that all leaders are temporary in their roles and should foster constructive relationships.

Addressing Workplace Harassment Concerns

  • Recognition of the need for dialogue about workplace dynamics, indicating that past actions may have been misguided but can be corrected moving forward.
  • Inquiry into whether insults and public reprimands are appropriate disciplinary methods, raising concerns about potential workplace harassment.
  • Reference to Article 214 of the Public Administration Law, which aims to protect workers' rights rather than facilitate harassment.

Conceptualizing Workplace Harassment

  • Discussion on whether frequent administrative procedures without basis could constitute workplace harassment; emphasizes the need for substantiated claims.
  • Agreement that systematic unwarranted reprimands can indeed be classified as workplace harassment, stressing the importance of evidence-based management practices.

Understanding Job Role Manipulation

  • Explanation that altering job responsibilities beyond what is outlined in position manuals can also signify workplace harassment.
  • Educational moment regarding how excessive workload changes or role exclusions indicate signs of potential harassment within organizations.

Serious Implications of Workplace Environment

  • Mention of two employees who reportedly took their own lives due to unbearable work conditions linked to harassment; highlights the gravity of these issues.
  • Clarification requested regarding knowledge of these incidents; underscores the seriousness and impact of workplace culture on mental health.

Accountability in Hiring Practices

  • Questioning about appointments made by leadership in positions requiring regular civil service personnel raises concerns over compliance with legal standards.
  • Request for transparency regarding hiring processes within key positions, emphasizing accountability in decision-making.

Evaluation of Functionary Requirements

Request for Documentation

  • The speaker requests the submission of documentation to assess whether a functionary meets the requirements for the position in Contraloría de Servicios. They emphasize the importance of this information for the commission's work.
  • Additionally, they ask for manuals related to each position within Japdeva to strengthen their understanding and evaluation process.

Concerns About Employee Conditions

  • There is mention of a questionnaire that has been circulated among various deputies, highlighting concerns about the current state of certain employees at Japdeva. The speaker notes that these inquiries are crucial for understanding employee conditions.

Discussion on Occupational Health Unit

Inquiry into Leadership Changes

  • A deputy questions Susy regarding her decision to dismiss the head of the Occupational Safety Unit, suggesting it was arbitrary and seeking clarity on who currently leads this unit.
  • It is clarified that a coordinator now oversees this unit, having passed through a competitive selection process but did not complete a probation period successfully. This raises questions about hiring practices and employee retention strategies within Japdeva.

Impact of Management Practices

  • The discussion shifts towards management strategies that create hostile work environments, citing legal recommendations aimed at improving workplace conditions and reducing discrimination and harassment claims. Such practices are linked to decreased productivity and resource loss within Japdeva.
  • The speaker argues against allowing political criteria to dictate institutional operations, advocating instead for technical qualifications to enhance overall quality of life for Costa Ricans involved with Japdeva. This reflects broader themes around governance and accountability in public institutions.

Allegations Against Staff Conduct

Specific Accusations Raised

  • Deputy Moreira brings up allegations concerning an occupational health staff member accused of engaging in unrelated professional activities during work hours, which raises concerns about professionalism and job performance standards at Japdeva. She expresses disappointment if these claims hold any truth as they undermine the integrity expected from such roles.

Call for Transparency

  • Moreira insists on receiving performance manuals for all employees at Japdeva to ensure accountability and proper oversight over staff responsibilities amidst ongoing allegations regarding conduct within the institution. This highlights a need for transparency in operational procedures at public entities like Japdeva.

Response from Susy

Defense Against Allegations

  • In response to accusations made by Deputy Moreira, Susy defends her staff member Sofia Vargas, asserting her competence and responsibility while dismissing rumors as mere gossip without basis in fact or evidence presented during discussions. She emphasizes maintaining professionalism despite heated debates among deputies which can lead to misunderstandings or mischaracterizations of individuals' actions or intentions within their roles at Japdeva.

Defending Rights and Administrative Processes

Context of the Meeting

  • The speaker emphasizes the right of individuals to defend themselves, indicating that the context of a video presented was not fully disclosed, which could lead to misunderstandings about the meeting's true purpose.

Concerns About Documentation

  • It is noted that individuals were unaware of a letter they signed, which was endorsed by Antonio Wells, secretary of the union. This raises questions about informed consent in administrative processes.

Reinstatement Issues

  • The speaker clarifies their compliance with reinstatement orders and addresses financial concerns related to legal fees incurred by Japd. They express regret over not providing due process in specific cases due to previous administrative ignorance.

Administrative Challenges

  • The speaker discusses challenges faced when addressing complaints regarding workplace conditions, including accusations of harassment when attempting to initiate procedures for improvement.

Misunderstandings Regarding Termination

  • Clarification is made regarding terminology; terminations are referred to as "ceses" under law 9764, emphasizing that proper procedures must be followed before dismissing any employee for misconduct.

Addressing Workplace Culture and Communication

Importance of Tone in Communication

  • The speaker highlights how tone can significantly impact communication effectiveness and expresses frustration at being mischaracterized in discussions surrounding serious allegations.

Commitment to Organizational Improvement

  • Efforts are being made to improve organizational climate through training and support for employees, who reportedly feel more satisfied with recent changes implemented within the institution.

Allegations Against Leadership

  • The speaker defends against accusations made by a group of 36 port security personnel who have been involved in calumny against them, asserting that official documents were prepared by the union rather than themselves.

Legal Authority and Responsibilities

  • A reminder is given about their legal authority concerning disciplinary actions while ensuring adherence to laws protecting employees from workplace harassment.

Final Remarks on Institutional Environment

Acknowledgment of Staff Sentiments

  • Recognition is given to staff members expressing feelings of humiliation and disrespect within the organization. There’s an emphasis on improving institutional culture for better employee morale.

Closing Thoughts on Session Dynamics

  • The session concludes with reflections on communication styles affecting perceptions within meetings, stressing the need for a healthier work environment moving forward.