Lawyer Aleksandar Kovačević assessed the first-instance verdict of the Basic Court rejecting the request of football player Petar Vukčević as illegal and stated that the judge did not understand the essence of the dispute.
He said that he hopes that the appellate court will not accept that the relationship between the employer and the employee is resolved according to the principle of "let's go" and arbitrariness.
The lawyer made such an assessment in an appeal to the High Court, after judge Lidija Mitrović rejected the claim of Vukčević, who demanded 16.000 euros from his former club "Budućnost" due to illegal punishment.
The appeal adds that the decision of the Arbitration Court to accept two decisions on punishing the plaintiff is contrary to the public order of Montenegro for several reasons.
"First of all, decisions on punishment are neither final nor enforceable... Decisions on punishment of football players and coaches are binding on the Football Association and they can only be applied on the condition that they are confirmed by the competent authority FSCG, which he did not do for the aforementioned two decisions, so according to the FSCG Arbitration Court could not act on such decisions, nor accept them as final and enforceable, because they were not at the time of decision-making," Kovačević explained.
He goes on to add that, just as no court can impose prison sentences of e.g. 345 years or the death penalty, because our legal system does not recognize such penalties, so the court cannot even accept fines that have been imposed on a larger scale than the regulations allow.
"The Court finds that the plaintiff did not prove that the challenged Decision contains a decision on issues that exceed the limits of the arbitration agreement, nor that the Arbitration Court's verdict is in conflict with the public order of the Republic of Montenegro," it says, among other things, in the explanation of the verdict.
"Also, it is certainly not in accordance with the morality of Montenegro that an employee is punished because he complained about not receiving a salary for a year," the lawyer pointed out.
He clarified that Vukčević was punished for the alleged, but he was never informed by which regulations, the announcement of the fact that personal wages are not paid, established as a business secret.
The judge, explaining the decision to reject Vukčević's request, stated that the court did not deal with evaluating the legality of disciplinary decisions, because that is not the subject of the lawsuit, but with reviewing the decision of the Arbitration Court.
"The Court finds that the plaintiff did not prove that the challenged Decision contains a decision on issues that exceed the limits of the arbitration agreement, nor that the Arbitration Court's verdict is in conflict with the public order of the Republic of Montenegro," it says, among other things, in the explanation of the verdict.
The current football player of "Mladost" sued "Budućnost" because, among other things, he was fined 10.000 euros for telling a journalist what his salary was and saying that he did not receive it, which, according to the club, gave away a business secret.
On July 2012, 46.708, Vukčević's contract with the club where he was one of the players and captain expired. In order to collect the claims, the former club sued the FSCG Arbitration Court, when it demanded XNUMX euros in the name of unpaid obligations from the Contract on professional playing.
In February 2013, the arbitration court made a decision that established that he is entitled to the mentioned amount, but that "Budućnost" must also be honored with 16.000 euros, because Vukčević was fined several times.
Vukčević claims that the punishment is illegal, which is why he sought justice through the Basic Court in Podgorica.
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