37. The Ombudsman held that the dismissal was supported by Articles 74.4 and 74.15 of the Human Rights Ombudsman's Personnel Regulations, as well as articles 77.d of the Labor Code. 17 The latter provision essentially repeats what it says in the Regulations, as follows: Article 77. The following are just cause for the employer to terminate the employment contract without any liability on his part: … d. When a worker commits any crime or fault against property to the detriment of the employer or any of their work colleagues, or to the detriment of a third party on the premises; also when they cause, either intentionally or through lack of care or negligence, material damage to machinery, tools, raw materials, products or other objects related directly or irrefutably to the work;18 38. The Ombudsman added that the dismissal would be effective as of May 18, 2000.19 That same day, Mrs. Maldonado presented a letter to the Assistant Ombudsman for Human Rights “irrevocably resigning from the internal position of departmental assistant and the regular position of educator.” 20 She said that the resignation was due to "acute respiratory problems" that had been troubling her in recent days, for which she even had to be rushed to hospital. 21 She asked the Assistant Ombudsman to accept her resignation and that she be informed “regarding the procedure for the entitlement payments that she was legally due.”22 39. Subsequently, on May 22, 2000, Mrs. Maldonado sent a letter desisting from her resignation "with the aim that it be rendered void in all respects.” 23 She said that she had tendered her resignation for "health reasons consisting of asthmatic respiratory problems,” 24 but that "thanks to the medical attention, [she had] made a full and satisfactory recovery” from its effects.25 40. On May 24, 2000, the Chief of the Human Resources Unit of the Ombudsman's Office wrote to Olga Maldonado informing her that the Human Rights Ombudsman had decided that "her resignation was not viable because she had been notified of her dismissal for cause before her note was received.” 26 17 2002. Annex 2. Decision No. 81-2000 of the Human Rights Ombudsman, May 16, 2000. Appendix 1 to the initial petition of July 15, 18 Annex 8. Labor Code of Guatemala. Free http://www.ilo.org/dyn/natlex/docs/WEBTEXT/29402/73185/S95GTM01.htm 19 2002. translation. Available in Spanish at: Annex 2. Decision No. 81-2000 of the Human Rights Ombudsman, May 16, 2000. Appendix 1 to the initial petition of July 15, 20 Annex 9. Letter from Olga Maldonado Ordóñez to the Human Rights Ombudsman dated May 18, 2000. Appendix 5 to the initial petition of July 15, 2002. 21 Annex 9. Letter from Olga Maldonado Ordóñez to the Human Rights Ombudsman dated May 18, 2000. Appendix 5 to the initial petition of July 15, 2002. 22 Annex 9. Letter from Olga Maldonado Ordóñez to the Human Rights Ombudsman dated May 18, 2000. Appendix 5 to the initial petition of July 15, 2002. 23 Annex 10. Letter from Olga Maldonado Ordóñez to the Human Rights Ombudsman dated May 22, 2000. Appendix 5 to the initial petition of July 15, 2002. 24 Annex 10. Letter from Olga Maldonado Ordóñez to the Human Rights Ombudsman dated May 22, 2000. Appendix 5 to the initial petition of July 15, 2002. 25 Annex 10. Letter from Olga Maldonado Ordóñez to the Human Rights Ombudsman dated May 22, 2000. Appendix 5 to the initial petition of July 15, 2002. 26 Annex 11. Official Letter No. URH-244-2000 from the Chief of the Human Resources Unit of the Human Rights Ombudsman, dated May 24, 2000. Appendix 6 to the initial petition of July 15, 2002. 7