Attorney Dear Izeta from Sukobin near Ulcinj, lawyer Gzim Hadjibeti filed a lawsuit against the Municipality to the Basic Court in that city, in which, in the name of compensation for non-material damages due to allegedly suffered mental pain, he is demanding an amount whose amount will be determined during the procedure, with legal interest from the day of the judgment until the final payment.
In the lawsuit, which "Vijesti" had access to, it is written that compensation is requested due to illegal, malicious and bullying behavior towards Draga in the process of adopting the Decision of the Service for Protection and Joint Affairs of the Municipality of Ulcinj from July 19, 07, in the name of injury the right to mental and spiritual integrity.
In the lawsuit, Hadžibeti clarifies that the plaintiff has been a permanent employee of the defendant since May 20, 05, for an indefinite period of time at his workplace as a delivery driver. By decision of the Department for Protection and Common Affairs of the Municipality, from October 2010, 08, he was assigned to the duties of a rolling stock officer. By decision of the same service dated August 10, 2015, he was assigned to work and official tasks as an independent vehicle fleet officer. From April 30, 08, an independent clerk - driver was assigned to work and official tasks.
"During this entire time, he properly performed all the tasks of all the workplaces to which he was assigned and he never committed a single violation of his official duties, nor was any action taken against him," the lawsuit states.
Despite this, on July 24, 07, the plaintiff was served with a decision placing him at the disposal of the Secretariat for Administration and Social Activities for the needs of the internal labor market and determining the possibility of his appropriate deployment.
”And no longer than 6 months from the date of making it available, with the explanation that the number of systematized jobs and executors was allegedly reduced by the new Rulebook on the internal organization and systematization of jobs of the Service for Protection and Joint Affairs of the Municipality of Ulcinj, including the number of executors - executive staff independent referent - the driver. In the event that he was deployed during this period, the plaintiff's employment relationship would have ended by force of law, as stated in the explanation of the decision," the lawsuit states.
In reality, it is further stated, the reduction in the number of executors was done only due to the fact that the Municipality did not regularly pay salaries to employees in the previous period, which is why the plaintiff initiated the procedure for forced collection of his wages through a public executor, which he is entitled to by law, and due to the fact that this income is the only source of income for him and his family, which consists of his wife and son who is a student.
"In this way, the defendant, that is, the individuals employed there, wanted to take revenge on the plaintiff, with the intention of leaving him without a job," concluded Hadžibeti in the lawsuit.
In order to protect his rights from, as stated in the lawsuit, the illegal, malicious and bullying behavior of the Municipality, Draga turned to the Administrative Inspection, which found a number of irregularities during the inspection process, and among other things, that the person who signed the disputed decision of 19 07. 2021. was not appointed in accordance with the law, with numerous other illegalities noted.
"In order to remove these illegalities, the defendant, by the Decision of the Service for Protection and Common Affairs of the Municipality of Ulcinj dated November 18, 11, after receiving the minutes of the Administrative Inspection, assigned the plaintiff to the position of independent officer - driver. Therefore, the plaintiff is assigned to the same workplace to which he was previously assigned, and for which it was determined once that the number of executors was reduced, and after that that workplace was still systematized according to the rulebook," the lawsuit states.
All this, as stated, indicates that the regulations are changed and supplemented without any legal basis and criteria, according to someone's wishes and evaluations of the suitability of the employees, where it was obviously assessed from individuals that the plaintiff was not suitable because he was asking for what belongs to him by law - the right on earnings.
"But finally, due to the fear of administrative measures being taken by the Administrative Inspection, the defendant again changed its regulations and assigned the plaintiff to the same workplace to which he was previously assigned. "Due to such illegal actions of the defendant, the plaintiff suffered damage, which is reflected in the mental pain he suffered during the said period, due to the uncertainty regarding his work status and the defendant's obvious intention to leave him without a job for illegal motives and revenge," said Hadžibeti. .
By acting in that way, the lawsuit states, the defendant abused his rights as an employer, because he conducted malicious proceedings against the plaintiff, which is the basis for damages.
"Such a decision and action of the defendant caused serious disturbances of emotional and psychological balance in the plaintiff, which arose as a product of discrimination. The actions of the defendant caused a violation of the plaintiff's honor and reputation, i.e. fear as an affective reaction to this event, because the procedure was carried out with the aim of belittling and disrespecting the plaintiff, i.e. with the aim of punishing, according to the defendant's understanding, because he demanded forced payment of his wages ", the lawsuit says.
Nika: The bullying continues
Protection service coordinator Muhamet Nika said that, under moral and criminal responsibility, he claims that Draga is absolutely right when he claims that he was discriminated against and belittled. He stated that he also felt it on his skin.
"As far as mobbing, that is, harassment at work in the local administration, I believe that the law has not been respected here for a long time," said Nika to "Vijesta".
He recalled that back in 2014, he was removed from the position of head of the Service for Joint Affairs and assigned to the position of coordinator in that service.
"That function is not a party function, but they brought in a man who did not meet the requirements, but he did meet the party quotas".
He recently addressed the current president of the Municipality, Omer Bajraktari, asking him to stop the old practice of violating legal regulations by appointing people who do not meet the requirements.
He also addressed the Agency for Peaceful Resolution of Labor Disputes with the Municipality.
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