Until recently, the executive director of "EPCG - Solar Construction" Valerija Saveljic who was dismissed from that position in August, proposed to the Board of Directors of the state-owned company to initiate a mediation process in which they request that she be reinstated because she believes that she was dismissed illegally, as well as that she be compensated for material damage (money) in accordance with the employment contract. If mediation fails, a lawsuit will follow before the court.
Her lawyer Nikola Martinovic submitted a proposal to the Center for Alternative Dispute Resolution this week to start the mediation process.
"Saveljić died on October 3, 2023 with "Solar construction" concluded the contract on the work of the executive director, which established the employment relationship for a certain period of time - for the period until the end of the mandate, starting from 03.10.2023. until 02.10.2027. year. On August 12, 2024, the board of directors passed a decision on dismissal, which is illegal, given that it did not state, let alone explain, the reasons that resulted in the dismissal of the executive director before the end of the term of office for which she was appointed," stated is in the proposal for mediation, which "Vijesti" has access to.
Minister of Energy Saša Mujović reacted immediately after the dismissal of Saveljić and asked for it from Elektroprivreda (EPCG) to dismiss the board of directors of "Solar gradne".
The Ministry of Energy announced that Mujović was surprised by the decisions of the "Solar gradne" board, which "not only do not comply with the agreed principles of work agreed upon at regular collegiums in the Ministry of Energy, but are also contrary to the basic postulates of cooperation between the Ministry and energy entities." ".
"The board of directors of "Solar gradne" dismissed the executive director Valerija Saveljić without any arguments about the omissions in her work that she may have committed, which leads to the suspicion that it is a politically motivated dismissal. The ministry, as well as the minister himself, do not want to be a part of it. In addition, EPCG will be obliged to pay substantial monetary compensation to Saveljić, based on the termination of the contract. This is especially important because of the coming year 2025 and the large costs that EPCG will be exposed to," Mujević's department announced.
It is surprising, they add, that such decisions are made despite the agreement that in September the company's business arrangements and results in the first half of the year will be reviewed, after which further moves in terms of personnel, as well as in the formulation of business plans, would follow.
The Board of Directors of EPCG requested this week from the Board of Directors of "Solar gradne" detailed information on the reasons for the dismissal of Saveljić. EPCG announced that this was done after the initiative of the Ministry of Energy, and that after receiving the information they were looking for, they will take further steps regarding this case.
In the proposal for mediation, Martinović stated that the Statute of "Solar Construction" stipulates that the executive director can be dismissed even before the end of his mandate in cases provided for by law and the employment contract.
"The provisions of Article 22 of the Agreement prescribe the reasons for which the Board of Directors can dismiss the executive director before the end of the mandate period for which he was appointed, namely: 1) if the executive director is unable or, in the opinion of the Board of Directors, does not satisfactorily fulfill the obligations set forth in this agreement , business policy, business plan or other acts of the company, 2) if the planned business result is not achieved, 3) due to the violation of Article 8 of the Agreement, 4) if the executive director is prohibited from performing the tasks specified in the agreement by a court decision. When passing the Decision on dismissal, the proponent's opponent referred to Article 22 of the Executive Director's Employment Agreement, although the contested Decision did not state the reasons for her dismissal. Therefore, since none of those reasons were stated in the disputed Decision, nor was their existence previously examined, it is a contested decision, which does not contain reasons on decisive facts for dismissal - unreasoned, which makes it illegal, and as such it must be annulled, i.e. put out of force", explained Martinović.
The expert will determine the amount of damage
In the proposal for mediation, it was clarified that Article 11 of the Employment Agreement stipulates that the executive director is entitled to a monthly salary in the amount of 3,5 times the average net salary earned in the company in the month preceding the month for which the payment is made, while in the second paragraph it is stipulated that salary includes increases based on past work, overtime and other salary increases in accordance with the Labor Law and the Collective Agreement.
"The provision of Article 23 of the Agreement stipulates that if the executive director, through no fault of his own, is dismissed before the end of his mandate from Article 2 of the Agreement, he has the right to be assigned to another suitable position in accordance with the type and level of professional qualification he possesses, knowledge and abilities in the place of residence, and in accordance with the provisions of the Labor Law, whereby the salary in the period of 12 months from the date of appointment will amount to 100% of the salary from Article 11 of the Agreement, while for the period from 3.10.2024 October 2.10.2027. until October 2, 3. year amounted to 11/11 of the salary from Article XNUMX of the Agreement. However, by canceling the decision on the dismissal of the executive director, the legal consequences that it produced are also canceled, which means that Saveljić is entitled to the salary determined in Article XNUMX of the Agreement," said Martinović.
He indicated that the amount of material damage will be determined by an economic and financial expert.
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