The High Court in Bijelo Polje confirmed the verdict of the Basic Court in Kolašin, which obliged the municipalities of Bijelo Polje, Berane, Kolašin, Mojkovac, Andrijevica and Plav to jointly and severally pay the amount of 26.638 euros. Tatjana Dracula Medenica, former director of the Regional Tourism Organization (RTO) “Bjelasica and Komovi”.
This is the amount of wages that were not paid to her in the period from June 1, 2012 to October 10, 2018.
According to the verdict, which resulted in a five-year court process, which "Vijesti" had access to, the court ordered the municipalities to pay 8.600 euros in court costs, bringing the total debt to the former director to over 35.000 euros.
The court concluded that the municipalities, as founders of the RTO, had a legal and contractual obligation to provide funds for its operation, including the payment of salaries to employees. Although the municipalities defended themselves in the appeal proceedings by claiming that they were not the plaintiff's employers, that her employment relationship was disputed, and that the claim was time-barred, the High Court rejected all of their allegations.
"The fact that the RTO was deleted from the register does not relieve the founders of their obligations towards their employees, and no decision has been made to terminate the plaintiff's employment," the verdict states.
The court specifically pointed out that none of the municipalities initiated a legal procedure to dismiss the director, nor was she ever paid the debt for many years of work, even though she was registered as an employee in the PIO fund, and salary calculations were regularly submitted.
In their complaints, the local governments claimed, among other things, that they had not formally employed the plaintiff, that they had not received reports on the work of the RTO, and that the RTO bodies had never been formed in accordance with the law. They disputed the validity of the plaintiff's employment contract, but also claimed that funding was not provided for in the municipal budgets.
However, the court found such allegations unfounded because all municipalities signed the RTO founding agreement in 2006, and assumed financial obligations through the agreement. Furthermore, previous court rulings, including that of the Supreme Court, confirm that municipalities were already obligated to make payments to the RTO under those same agreements.
In the meantime, several municipalities attempted to unilaterally terminate the Agreement on the Establishment of the RTO, but the Constitutional Court annulled these decisions, finding them unconstitutional and illegal. This confirmed the continued obligation of the municipalities towards the RTO and its employees.
Drakula Medenica worked as the director of the RTO since 2006, with a monthly salary of 400 euros, plus phone allowances and daily allowances. According to the court expert's findings, during the disputed period she was paid only 3.894 euros, while unpaid accrued amounts reached over 26.000 euros.
The court also recalled the legal norm according to which claims arising from employment are not subject to a statute of limitations.
The RTO ceased to operate in 2018, after more than 11 years of existence. This was preceded by decisions of the assemblies of the six municipalities that had established it. At the end of 2017, the Kolašin Municipal Assembly passed an act to repeal the agreement on the establishment of the RTO.
They claimed that it had not fulfilled its tasks and that "no governing body had been established throughout its existence."
The RTO building, which now houses the local TO Kolašin, was built in cooperation with the Austrian Development Office Bjelasica and Komovi and the Municipality of Kolašin, in an attractive location in the very center of the city. The valuable building is made of stone and wood and is designed to save energy.
The Austrians invested a lot of money and expert assistance to leave the northern municipalities, after completing their mission, with an organization that would serve to promote the natural and tourist potential of the region. Due to lack of money, the RTO had its electricity disconnected several times about 10 years ago. The agreement from April 2006 also provided for the closure of local tourist organizations and their transformation into RTO information centers. This did not happen, so local RTOs existed all the time.
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