The Higher Court in Podgorica upheld the verdict of the Basic Court in Cetinje that the Board of Directors of the Regional Waterworks illegally dismissed the director Josip Đurašković (Democrat cadre). This made the judgment final.
The Board of Directors of the Regional Waterworks, which he chairs Zoran Lakušić (staff of the Democratic People's Party) dismissed Đurašković from that position at the end of June 2022 with the explanation that he "acted contrary to the Law on Business Companies, the general acts of the Company, and the decisions and conclusions of the Board of Directors".
On August 9, 2021, Đurašković concluded an employment contract with this state-owned company for a term of five years.
Yesterday, he delivered the verdict of the High Court to "Vijesti" and announced the initiation of a lawsuit for damages.
"Now comes the request for compensation for damages for the four years I had left until the end of my mandate. The court expert will determine the amount of the compensation claim", said Đurašković to "Vijesta".
The verdict states that Đurašković was dismissed from that position following an emergency procedure at an electronic session and that he was denied the right to present his defense because he was not invited to the session nor was the invitation delivered to him in accordance with the rules of procedure.
"According to this court's assessment, the first-instance court (Basic Court in Cetinje) reasoned correctly when it decided. According to this court's assessment, the disputed decision on dismissal does not contain reasons for dismissal", the judgment states.
The High Court stated that the Regional Waterworks was obliged to provide an explanation of the relevant facts, legal regulations and reasons to justify its decision.
In making its decision, the High Court referred to the Supreme Court's judgment from October 2020, which states, among other things, that a decision is illegal if it does not contain any reasons as to which decisions of the defendant's board were not followed, i.e., they were not implemented and therefore not knows whether these omissions are really a condition for dismissal.
"For this reason, the decision is illegal and there is no room for a conclusion about the discretion of the board of directors that justifies the dismissal of the prosecutor based on a free judgment," the High Court ruling, signed by the president of the Council of Judges, states Magdalena Zecevic.
According to the Law on Business Companies, if the Board of Directors causes damage to a state-owned company, it must be held accountable. In the specific case, if Đurašković is compensated for damages in the new court proceedings, the state company will have to be compensated by the members of the board of directors who illegally dismissed him
After the dismissal of Đurašković, the Democrats announced that it "shows that the cooperation between the URA-SNP-DPS Government and their partners from DF is in full swing and very coordinated."
The Democrats stated that "it is no longer enough that the DF cadres are left in their positions", but also that "now they themselves are replacing the cadres of Democratic Montenegro and opening the space for the installation of DPS cadres".
Lakušić then replied that the decision to dismiss Josip Đurašković from the position of director was the unanimous opinion of all board members.
"I did not understand the role of the president of the Board of Directors as fulfilling anyone's orders, especially strictly party ones, but as conscientiously carrying out tasks with the aim of safeguarding and protecting the interests of the company I am at the head of, and therefore the interests of the state," said Lakušić at the time.
According to the Business Companies Act, if the board of directors causes damage to a state-owned company, it must be held accountable. In the specific case, if in the new court proceedings Đurašković is compensated for the damage to the state-owned company, it will have to be compensated by the members of the board of directors who illegally dismissed him.
"If in the procedure for compensation it is determined that several members of the board of directors are responsible for the damage, the members who are responsible shall be jointly and severally liable for the damage caused. If damage occurs as a result of a decision of the board of directors, the members of the board of directors who voted for that decision are responsible for the damage," the law specifies.
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