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  • Writer's pictureRFERL Watch

"The management of the company holds fast to its functions mainly thanks to close mutual connections and thanks to the dictates of absurd internal regulations, the daily observance of which is one of the basic duties of subordinate employees. Censorship runs at full speed, the opportunity to have one's own opinion is limited, unsympathetic statements are usually punished by dismissal. Unreserved obedience is duly rewarded, and those who prove themselves in this process are entrusted by the company's internal system with overseeing the observance of the established order."


Welcome to an Orwellian fictional society ruled by his majesty "Big Brother".



So much for the introduction to today's post, which will describe the events at Radio ГA / ГA that happened more than four years ago.

 

It was February 2020 and the hitherto unknown droplet virus, named by the "anointed heads" worldwide as Covid-19, was beginning to choose its first human victims in societies. There are still scientific disputes about its origin and exact consequences, and their spreaders are, as is customary today, appropriately labeled and defamed.


In contrast to these tragic events, which were then beginning to fill the pages of the local and foreign media, four months earlier, and in complete silence, a group of "bad guys" appeared in the internal computer network of Radio ГА / ГА. Their origin and goals were clear to everyone in this company from the beginning of the investigation - it was a sloppy company from overseas after all!

 

In both of these cases, established political dances were used to eradicate evil.

 

While in the case of the first "case" this political trickle lasted and continues with varying intensity, cast and rhythm until now, in the second political part the "odzemok" danced basically according to the color of the passports. The dark blue world, always presenting the only correct styles of music and ready to feed them daily to the ears of musical illiterates, it was contrasted with a bunch of capable useful idiots, proudly advocating shades of dark red shorts, ready to greedily help them harden up at any hint of musical cacophony music.


Clash or symbiosis of worlds?

I will describe in events how they happened the other day.

 

Firing according to the §52 of the Labor Code without discussion with the trade union gave me, in my naivety at the time, quite a decent hope that Radio ГA / ГA would not want to pay a hefty fine of up to 2 million crowns based on the findings of the "Labor Inspectorate" and would rather come to an agreement with me according to the well-known "what we are - we are". My parent trade union also gave me some hope, which boasted on its public website about its membership in the "Trade Union of State Bodies and Organizations", in the "Czecho-Moravian Confederation of Trade Unions" and the unquestionably promised legal consultation of the local trade union legal elites.


I also appreciated the fact that during negotiations with the local "top" managemnt, consisting of #LA ("Dr. Leklá Andělka"), #MS ("Mr. Sushi") and #JS ("Joints Smoker) in February 2020, it fully built . And all this just a few days after I discovered on 17/02/2020 the attempt of my supervisor #RC ("Remotely Controlled") to play "Big Brother" role against me.



You can find more about this case here .



In the meantime, a lot of water has been lost in the local river, and the lukewarm police investigation into the criminal charges against my supervisor for attacking my work computer and stealing my identity, as well as my ex-employer's impersonation of both of my lawsuits, led me to believe at the time that it was in time to involve another institution - this time "State Office of Labor Inspection" in the battle against crystal clear practices in Radio ГA / ГA.

 

Who else should have the patent to judge whether there is something impure floating in that pure wine of theirs?

Before that, however, we tried to contact Radio ГA / ГA again with its trade union. We assumed that the trade union should be the active component that turns to the labor inspectorate first. After all, it is theb one and only who ensures compliance with the "Labor Code" at the workplace and prioritizes the interests of her members and employees against the will of employers. We also assumed that we would subsequently join their initiative. And this regardless of the fact that in June 2021 I had not been a member of them for more than a year.


 


 

The events that followed only confirmed my years-old belief that the "Association of Gardeners in Horní Dolní" has more power than any trade union even in the largest corporation.


At one of the committee's meetings, a certain member of the committee suggested to the union president that she should not seek happiness for the sake of others. That they will be there even after I'm fired and that it could happen that they end up like me. The truth of his words that Radio ГA / ГA has no problem "kicking out" a member of the trade union committee was soon demonstrated. And that, as it is known from trade union practice, it is really riding on a very thin ice!


Evil tongues claim that this "barter" with the highest in the local food chain caused the unblocking of negotiations on the frozen wages of Czech employees. Of course, in the spirit of the purest years of proven traditions "something for something". But I don't know about that because I didn't tell them about it. I also didn't witness the hastily convened "meeting session" between him and "his" trade union after the inspectorate unexpectedly slammed his "Hagiborian" door.


And so in the end we were left alone again.

 

I remember that endless UBER trip through Prague, when the driver, knowing only a few bare Czech sentences with a strong Russian accent, took us to the arranged meeting with "our" inspector in Veleslavín. The driver in a matching ADIDOS brand tracksuit stubbornly insisted on the route offered to him by his brand new "TAMTUNG" mobile phone in GOOGLE maps and stubbornly refused the shortcuts recommended by me, as a native living here for several decades. After several apologies to the inspector for our delay, which was not our fault, we finally met in a small meeting room at the entrance of the inspectorate.


We thus gained the first minus points in advance and again through no fault of our own.

 

In order for this meeting to take place at all, we first had to carefully document our evidence of my former employer's wrongdoing, and most importantly, file a motion in time.


I will not repeat from this link all the details that such a submission must contain. However, it is important to draw attention to an important fact, namely that "the ice begins to move" only after a certain period of time, which the inspector respectfully pointed out to us in advance. In the spirit of the well-known proverb "about slugs and cabbage", it is said that there are many similar submissions and only a few inspectors. Perhaps he was monitoring that we would change our mind in time, and so another snail devotes himself to another cabbage.


And so, almost a year passed, and we were informed via a data box message about the result of the inspection.

 

Here, however, it would be appropriate to spend a few words on that initiative and the events that preceded it. So I will focus only on the main points of my initiative and will also supplement them with excerpts from the labor inspectorate's response from the report on the results of the inspection.


1.


Signs of bullying and bossing by my former supervisor #RC ("Remotely Controlled"), consisting of assigning meaningless tasks, not managing me, hindering my professional growth, ignoring my recommendations, treating me unequally due to my age and later in tracking my activities on the internal network.


 


 

2.


The manner and form of delivery of the notice, when it was delivered during my long-term illness caused by increasing psychological pressure from #MS ("Mr. Sushi") to take it over, delivered to the apartment in an open form by an unknown person and under the pretext of a police visit.


 


 

3.


Probably the most serious violation is the administrative offense according to §61, paragraph 1 of the "Labor Code" for not discussing the dismissal with the trade union, for which the organization faces a fine of up to 2,000,000 CZK from 1 January 2015.


 


 

4.


Identity theft by my superiors #RC ("Remotely Controlled"), breaching privacy and security on my work computer, posing on the internal network and the internet with my identity.


 


 

5.


Performance of the O365 global administrator function in conflict with the original Lotus Domino/Notes administrator job description, without this new activity being specified in the job description in the new employment contract.


 


 

So I should be satisfied with a narrow 3:2 win, one would say.


I was not.


We kept this step in reserve until the last moment and did not expect that Radio ГA / ГA would let it go this far. Did those moral beacons really think that if their union didn't take the initiative, I wouldn't dare to do it myself? I knew from previous jobs that arguing with the "Labor Inspectorate" is something that no company looks forward to and tries to avoid this internal investigation of theirs until the last moment.


Probably their moral values and the reputation of the company that all those useful idiots represented in this dispute are as distant as parallels in their efforts.

The problem of Anglo-Saxon companies in our meadows and groves is, in my opinion, their management.


With a few exceptions, these are managerial waste from their mothers, who, thanks to various advantages ("housing", bonuses, tax breaks, managerial clauses, benefits from "passport color", relations with politicians, their ties to embassies, ... ) scheming with each other and protecting their well-deserved "dream job". Even if many of them, often after their managerial failure or as a result of "collaborative relations at the workplace", have to leave their precious chair with a tear in their eye, they usually justify that tear in their eye by their sadness for their family. It is therefore not surprising that at the first opportunity, after such a door kick, they return within a few months improved through the window. After all, as I mentioned this phenomenon in one of the previous posts "How to become persona non grata" .


But where is the main point of this post of mine?

Imagine that you have been working in such a fictitious company in the Czech Republic since you finished high school or university, and you have been building your place in the same company for more than 20 years. Let's give this company a name - let that company be Radio ГA / ГA, for example, and let it be the long-time striver - #RC ("Remotely Controlled").


He builds his position "from the ground up" - first as a member of IT support aka "motor mouse", then head of this department, and finally as IT director. Meanwhile, the local IT pond thickens, redistributes, and the all-powerful tadpole begins to be threatened by some omnipresent shark fry. The protection of senior colleagues of the same tribe is no longer enough, and suddenly it is indicated to him from the higher floors of the building that the brown colour of his nose is not dark enough. And that it is insufficiently expressed.


Here, too, he comes up with an idea on how to save paper costs in printers. Everything will be printed on both sides of the paper! How simple! But in a media company such as Radio ГА / ГА, where contributions to the camera are read live from such printed papers, this his idea did not meet with much understanding. Let's face it - it was more of a mess. Other ideas soon followed. How about compulsorily turning off "computers" in an effort to save a few cents on energy? Even this well-intentioned effort to save money ended up in a misunderstanding for the company that broadcasts 24/7. And there was another idea. Don't you think there are too many addresses in the address book? Let's reduce their number! At least by 30%! How brilliant! A million dollar idea and no one will notice, right? Other fruitful ideas, unfortunately with a similar result, without appreciation soon followed.


And so the revolutionary year 2014 arrives and new unknown faces appear in the local waters, from whom it is not known in advance what can be expected from them. With each new president comes new managers, advisers, from these advisers and managers other managers and advisers, other new superiors and their superiors, and his waters are becoming incredibly tight. New technologies are coming and the politics of the "new era" are spreading to the information technology area of his directorate. A long-standing village turns into a tough fight for survival, where every ally counts and where the biggest advantage is the advantage of owning information. His IT becomes a blessing to him.


Unfortunately, he had another new superior in the hierarchy and horizontally another new competitor #JS ("Joints Smoker"), whom his new superior "outranked" here. Damage. He had been thinking about the position of IT security director for a long time. That would be the right position for him, which would correspond to his qualities. He always dreamed about this newly created feature when he fell asleep. Who has security, has influence and insight - about everything, as is known!


Oh yeah, how could he failed, he thought…


But not all days are over, he comforted himself. It's already Friday!

The key is not to leave a computer trail , has now become his daily mantra.


Another principle was that important decisions are not sent by email . If it is really necessary, then give orders only verbally, in the door of your office, preferably without witnesses and right in the ear. Or hand them over in the form of a name or bare sentences on a piece of paper with instructions - shred after reading, or preferably eat. On the contrary, very important orders must be sent in a copy with several recipients. And such important e-mails are generally sent with a read receipt, and above all, all these receipts must be archived in special folders.


Emails, emails, emails…

Emails have become a strategic weapon! Don't you have an email? You have no proof! The unwritten rule of all fish here. And above all to desecrate and ridicule the competitor - preferably in something for which they are stretching him here. To begin with, we will start - for example, in IT security.


Computer security is a very strange discipline.

It requires strong and responsible personalities, elaborate internal rules, unreserved support from the company's management, and finally everyone's awareness. You will never build it with the help of "yesmen", with rules that are bypassed without consequences, where IT security leadership is full of "equals" and "equals", and where the awareness of the individual is a manifestation of his weakness and a reason for his ridicule.


I wrote about each of these violations in one of the previous posts.


Know about everything that happens on the internal network, who visits certain websites, where and for how long, how many and what "movies" they have on the shared drives, which application they most often run, and which emails are sent from whom to whom. This is all legitimate fraternity behavior. It's worse if this information is used for gain. It doesn't matter if it's about obtaining evidence for firing, for blackmail, or for influencing.


When, at the end of 2019, his career world, which had been built for many years, was collapsing and an in-depth analysis by forensic specialists from behind the big puddle named the wrongdoings (all) involved in the recently discovered hacker attack on the mailboxes of his superiors, he once again demonstrated his managerial responsibility in an exemplary manner. He found the only culprit, named him and, thanks to the possibilities given to him by the system, created a legend and, at the end, his singing "papapa" song.


Now, all those anus alpinistic feats at #KF ("Kristína Fšetko") have finally paid off for him, who in the end, in terms of organizational components, officially dedicated everything to him without unnecessary talk.


Then it was just painting "crystal clear".

For these needs, he had technical equipment, special types of licenses, functional status and most importantly – a strong stomach. So it started by reading the contents of the suspicious mailbox of certain users. And again - even though he had the appropriate access rights to do so, he let others sniff. He always had his people to do the dirty work for him.


He was simply the darling of the team.


Over time, and with this method of investigation, his "fun club" of devotees began to dwindle. Some took the risk and told him they didn't feel up to it. Others, with the excuse of undergoing a sudden lobotomy, have forgotten everything and that they can no longer do it. The very last ones suddenly "sick". And so the time came when it was necessary to fight "solo" in order to protect one's reputation. Really solo? Not.


Whereas until now his subordinates did the dirty work because they had to, now the "useful idiots" got involved because they wanted to.

#KF ("Kristína Fšetko") unusually signed the necessary notice at the end of January 2020 and gave the whole event the right official stamp. #MS (“Mr. Sushi”) has secured a building ban and employer obstruction since December 2019. That's just so that someone doesn't surprise them "at work". #LA ("Dr. Leklá Andělka") activated the law office of #MV ("Mgr. Prasátko") in case the whole thing bursts, or if someone suddenly rebelled. And Mr. Clean #RC ("Remotely Controlled") had access to IT systems blocked at the end of 2019. This time for the peace of his work.


And so, with the new year 2020, lustrations and the search for additional evidence began. Time is running inexorably and there are only three weeks left until the dismissal according to the required section of the Labor Code. This is to screw the right paragraph on the person in question, after which everyone in previous cases ran away with a squeal.


It starts running powershell scripts over the clipboards and mines and extracts. So far, evidence is being sought only in the company mail, which foolishly evaluates that it is legal and that this can still be happen .


He grabs everything. He searches and searches, but cannot find a needle in a haystack.

In mid-February 2020, the situation gets complicated. Lawsuits are being threatened and there is still no further evidence. Moreover, it is implied by the accuser that he has evidence against him! Damn! He realizes that he may have underestimated his opponent. Is it starting to prepare for the fact that the opposing party could have available details from the investigation from the time when they were still friends in order to repair the damage? That would be really annoying. Such maneuvers and still no result!


He thought to himself - if he wants to go to trial, he probably won't communicate with the lawyer from the company email, especially since he blocked his access to it, right? Besides, he couldn't find anything in his mail anyway. The only option left is to look into his private mail on one of the public mail servers. What is this address? Clear! We all communicated with him during the course of the investigation and he has it carefully stored in his sent mail folder. In a safe place of course. In his archive.


And so on January 30, 2020, by virtue of his position , he orders one of the last willing to give him access to the plaintiff's company computer . He has a name, now he knows the password, and thus he has his identity now.


The computer track is over. Now who can prove to him that the prosecutor himself was not on that computer? Now he also has a private mail at his disposal, and since the plaintiff does not know this, it mainly makes his legal representation and excited management happy. All they know everything in advance now.


Finally a hero with the right shade of brown definitely!

The advantage of "being informed in advance" collapsed like a house of cards on 2/17/2020. It took during one unplanned visit to the Radio ГА / ГA office and logging into the company computer after resetting the password. This was followed by the filing of a criminal complaint against him, the interruption of negotiations on an out-of-court settlement in both filed lawsuits, and ended with him fleeing with his entire family home to US. Simply somewhere where, as the investigator noted, no one here has yet been able to succeed in extradition.


So what is the takeaway from this post?

 

It makes me think of the jug and going to fetch water. Definitely very apt in this story!


In any case, point 4 of the conclusion of the report of the "Labor Inspectorate" from the protocol of the investigation of my submission and listed here a few pages above, should be a lesson. It is well known that the employer can do whatever he wants with the company computer and you are only its users. I was surprised that we encountered this opinion even when dealing with police investigators when filing my criminal complaint on #RC ("Remotely Controlled").


The world just wants to be deceived.

From my subsequent experience after my "exit" from Radio ГA / ГA, I can personally and with full seriousness and joy confirm that not all companies are broken in this way.


Fortunately, there are also companies where they will not allow themselves to abuse your personal rights without a serious reason, and especially not without your consent.



As one of the former members of the "Big Brother fraternity", I will believe that there are a majority of such companies. And trust me - I know what I'm talking about.










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  • Writer's pictureRFERL Watch

Info Act, known among ordinary people as "Act No. 106/1999 Coll.", it can be a significant helper in cases when obtaining information from the so-called  "mandatory subjects" suddenly becomes cloudy or very foggy. Even if it is not a panacea, it calms the human desire to know the background of everything and immediately, as a homeopathic medicine replacing potions from area of "one lady said", could be highly recommend because of our own experiences.



We used this institute for the first time almost three years ago on 12/10/2021. At that time, we only wanted to verify our suspicions, whether there could be some closer connection between Radio ГA / ГA and the District Court for Prague 10 in the "fair decision-making" of the lawsuits of its former "fired" employees. We were then close to losing the courts in both of my lawsuits, after the rejection of our objection of bias towards their same judge

JH (#Dr. Hustá"), consecrated by the superior Municipal Court of Prague in memorable turbo decision by the non-competent judicial "senate-not-senate", and so we wanted to have finally clear in the matter "who with whom" especially before further court battles. For more details on what we learned then, see here .


After 4 years of never-ending court battles, after mutual appeals against the judgments of the courts of first and second instance in fashion "we against them and they against us", after our 7 attempts at reconciliation in the sense of "already there were enough ruined dolls - let's play in another sandbox", today we moved into the next appeal to the Supreme Court in fashion of fifth year mutual "jihad". Gradually, #LA ("Leklá Andělka") began to absent from the court, and she was replaced by her younger colleague from the same fan club in the public space, and thus the only fighter defending the noble interests of Radio ГA / ГA against me in all 3 lawsuits (abbreviated as "Firing", "Discrimination" and "Muzzled") remained their loyal and US taxpayer paid attorney #MV ("Mgr. Prasátko”). A certain defect in his professionalism is the fact that since the fall of last year, this whole "theatre" he began to take, also thanks to the unaddressed posts on the local website about him, very personally.


As described in post “Reputation for 1000 American Bucks” here, with the decision of the Municipal Court of Prague which was annulled by the judgment of the court of first instance of Judge #JH ("Dr. Hustá") in the matter of my lawsuit against discrimination (according to the ATZ Act) and a new trial in this case should have taken place before another judicial panel of the local circuit court.


Our increased self-confidence and joy from the decision of the higher court soon took its toll.

The idea that the decision "in the name of the republic" of the superior court in the wording - "another court panel will decide in this matter" - will mean that we will meet with our known judge mainly in our wet dreams and thus after 3 years the court proceedings returned to the righteous hands of the "16 C" court panel. However, it is necessary to note here that in both of my lawsuits it will not (yet) be decided by #JH ("Dr. Hustá"), but it will be held by her direct representatives.


So, probably there are no people in the circuit court and the Radio ГA / ГA cases cannot be judged fairly by another one...


But let's go back in time to 2021.


On September 3, 2021, the deputy president of the District Court for Prague 10 unfortunately answered our question regarding the specialisation of her court in hearing lawsuits under the ATZ ("anti-discrimination law") this:



Since we were convinced that if there is a law in the collection of laws that has passed the legislative process of the Parliament of the Czech Republic, there should also be a specialist in the courts of first instance who professionally deals with violations of this law. We did not want to be satisfied with the (non-public) opinion of Judge #JH ("Dr. Hustá") regarding the substance of this law, which she provided to her associate of her senate the other day just before the ruling against my lawsuit:



We chiseled our lawsuit very carefully before filing it in March 2020. During its preparation, we even consulted it with an external specialist, who represents the Czech Republic in the European Parliament, and who deals with this law and publications.


Simplifying our work and assigning this type of lawsuit to the labour law bag was something that we did not want to settle for. Especially from the reason that for each of these types the burden of proof is set differentlyonce per defendant and once on the plaintiff's side.


In other words - if I claim that there was discrimination in labour law proceedings, the defendant must prove that this was not the case. But if I am suing the defendant party that I was wrongfully "kicked out", I, as the plaintiff, have to prove it.

But we are already getting on very fragile disgustingly professionally legal ice.


After this "unfortunate" information from the court management, the manipulation of our lawsuits in "their court" and the judge's pressure to reclassify them into another category began to take on clearer contours.


All these goods of theirs suddenly began to gnaw at them like straw from their boots.

And so the date was set for us.


The newly appointed judge of the well-known court panel "16 C" sent us the date 10/4/2023 as the date of our first court hearing in the matter of our remedial "anti-discrimination lawsuit".


We started compiling several dozen pages of documents for this meeting and mentally preparing for one of the further moves from Slovakia, where I am increasingly occurred. Actually, we haven't had the honor to sit with Mr. Judge in one courtroom yet, but a few clicks on Google told us something. And since we knew that in Prague 10 there is no specialist in this type of lawsuit, his invitation to court predicted nothing crystal clear in advance.


Or does it seem normal to you that someone, without torture, subscribes to deciding on something, in what is legally unpopular?


Suddenly we came up with an idea that we should start with the well-known process of "brain storming". And result?


After all, the court process in such a situation cannot have any solution!

 

Why?


Because there can only be two variants of how it all can turn out. And unfortunately none lead to our victory.


1. Variant:


The court decides in my favor and the opposing party appeals because the "court of competent jurisdiction" did not decide


2. Variant:

The court decides v against me and we appeal because the "court of competent jurisdiction" did not decide


In IT developer jargon, this is called as "looping in the program". But how to get out of it without losing the flower (and not destroying the computer with the program)?

Cui bono?


The defendant party "perhaps" does not know about this information of ours from the court management, or pretends not to know about it. If he really monitors the posts published here three times a day, as I regularly learn from the statement from the provider, he is probably already working with this information. He also knows that the case will be decided by the well-known "16 C" court panel.


Does he know that we know it's not true? Does he expect us to object to it at the outset?

Let's see what they write about this v OSŘ (Civil and Judicial Code).


„If the court, in which the proceedings were initiated, believes that it does not have substantive jurisdiction, or if it has raised such objection by a party to the proceedings, the superior or Supreme Court have to make decision. The court of appeal or the court of appeals can also decide on jurisdiction.


Knowing that we are starting to tease the judicial cobra with our bare feet, we delivered our objection to material jurisdiction to the court on the eve of the scheduled court hearing and supplemented it with opinion from answers of the deputy president of the court. We also did not forget to openly state our concerns described above to him and we expected that he would try to at least dispel them a little.  Perhaps even by declaring that he feels materially competent! And in order to be really sure that our information is really true, we addressed the following question (according to the "Info Act") to the Ministry of Justice of the Czech Republic.


 


 

Bite the nails on our hands and on those bare feet, we waited for the snake attack and at the same time hoped for satisfying information from the most anointed.


We understood them. Letting the matter jurisdiction be decided by the initiative of some "last" party to the proceedings, namely by the High Court or the Supreme Court, can be quite a challenge for the court of the first instance.


Week by week came together and on 20.12.2023 we received a pre-Christmas present from the most anointed ones. That it was the fairy-tale answer "neither undressed nor dressed" or the cinematic "I'm telling you, but you don't know it from me" was obvious. After all, we are dealing with the ministry, which did not disappoint this time either!


 


 

We've known about the existence of such a thing as "Work Schedule" for almost 4 years, so we didn't help ourselves much here. In addition, there is one thing that the Ministerial Council has kept silent about - namely, the fact that their quality and timeliness is a story in itself.


However, they advised us on one thing – ask further, ask the district courts in the Czech Republic!


Probably the plan was to give up for good now... Still.

However, it was necessary to act quickly, because the answer from the court was already on its way and we still had no more than a response from its presidency.


For those of of you who are unwelcome in this area, I state that there are total of 86 district courts, and it is necessary to reach out them quickly. 75 of of them are marked as a standard district court and the rest of 10 district courts are in Prague (Prague 1 to Prague 10). Brno has its Brno Municipal Court.


A perfect thing which helped us here it was "data box". Where would I be without it when dealing with the state administration? In order to get the information in time, I was prepared to tighten it digitally!

On 30.12.2023, I sent the same query to all 86 district courts, similar which I have sent to ministry two weeks ago. Again, full of anticipation, I prepared to evaluate the answers.


There is at least one in the Czech Republic such a trial? What will we do if the opinion of the Prague 10 District Court is confirmed that such a court does not exist in our country?


I spent my time searching the Internet, where I managed to find at least one case law, from which it could be ascertained that such a court actually exists.


After a long search, I managed to find the first one. It was the District Court of Uherské Hradiště and their traceable judgment of the Constitutional Court here . And it was painted! Exists by at least one such court, and the fact that such a specialization is not in Prague 10 at the senate "16 C" does not mean at all that such a specialization does not exist in the entire Czech Republic.


Meanwhile, my "data box" received the message. The clear matter that they wanted to have finally settled by the end of the year suddenly drags on with such an unpleasant obstruction!


I will not publish Mr. Judge's answer now because we had lost several times there. Just the fact that, according to the date, he had to write it full of impressions the day after receiving our objection, speaks volumes for its content. His answer could be wrapped in the following:


If you are so clever and object to my lack of jurisdiction, then tell the court immediately within the specified period, who do you think is materially competent? If you do not do so within the specified period, the court will have to decide in your disadvantage.”


So let's read a few sentences of the "Resolution" delivered to us, which the impressions described above fully confirm.

 

Here is the court's request for our addition:


 


 

And here is our addition:


 


 

So let's leave this legal battle in the "unfinished" state for now and let's return to interesting poll results - Which district court in Czech Republic has a specialization proceeding claims according to ATZ?. Internally, we called it “Don't you know? Ask!”

 

Individual answers that I received in the following two weeks from all district courts in the Czech Republic, I subsequently divided into the following categories for the purposes of these statistics:


1.   "We don't have it" category

 

In this most numerous category are the courts which, like the District Court of Prague 10, they answered clearly and without torture that they simply do not have such a specialisation. And that in most cases they "flicker" similarly to Prague 10 - the labor court.

 

It is interesting that such courts are located exclusively in district towns in Czech countries.


2.   "We won't tell you" category

 

In this numerous category of courts are those that answered my unequivocal question "do you have?" or "don't you?" in the words of the young investigator "Hlaváček" from well known Czech movie "Disbanded and Discharged" in phrase as 'Look scumbag look!'. And in order to (not) answer me, they sent me a link to the website of their court. Internally, I labeled them "idiots and illiterates".

 

It involved several courts across the entire Czech Republic.


3.  "We won't tell you until you tell us" category

 

In this, thank God, innumerable category of courts, there were those who responded to my unequivocal question "do you have?" or "don't you?" by asking me to complete my application with my date of birth. Although I did not originally follow up with my request to arrange a "tickling date" with some of them, I fulfilled their request within the time limit set by them and repentantly asked them once more with date of birth now. The fact that their answer ended up being categorised as 2 is a shame. Internally, I only labeled them "idiots", although I have to admit that they had a legitimate right to ask such request according to the Info Act.

 

It involved several courts across the entire Czech Republic.


4.  "We have", or "we have, but…” category

 

This unfortunately innumerable category of district courts made me the happiest!


It has been confirmed that if there is an ATZ law, then such a court really exists!

 

It is also an interesting finding that such courts are mainly located in district towns in Moravia and Silesia.




Conclusion of the survey:


In conclusion, we can generalise that the level of communication and the form of responses of "obligatory subjects" decreased in our glades and groves geometrically from east to west. It is therefore no secret that the worst condition was recorded in Prague and its surroundings.


Write to me, how do you explain that? I would really like to know your opinion.

So let me conclude with a list of the best courts:

 

· Uherské Hradiště District Court 

· Hodonín District Court 

· Opava District Court 

· Třebíč District Court 

· Nový Jičín District Court 

· Přerov District Court 

· Prostějov District Court 

· Rychnov nad Kněžnou District Court 

· Šumperk District Court


Congratulations to the winners and no honor to the losers!



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  • Writer's pictureRFERL Watch

I hesitated for a long time to include this post of mine with a quote by Jan Werich in the "Flashgun" category, and there were actually several reasons why I didn't put it here. Probably the most important of them was the fact that I got to this information purely by chance and relatively late, so marking it with a "flash news" icon would be somehow "out of line" and it would fit in summer time of the previous year. I also have to admit, completely without torture, that, thanks to my rich court battles with the local "team of the righteous", I didn't even want to believe it at all.



And where and how did I come to it?

 

I didn't come across it in the general media space of Radio ГA / ГA where I would have it, given its "crystal clear" reputation so I expected it a bit, but I stumbled upon it while purposefully searching the internet for my other stuff and checking one of your anonymous alerts. And the world was amazed – the article was published on the Internet in Czech and English.


In all silence, on 26/04/2023, i.e. after more than 4 years of legal battles, the Constitutional Court of the Czech Republic decided in the dismissal of my former foreign colleague from Persian Service, that the Czech Labor Code protects foreign workers in the Czech Republic even in situations where the contract with the employee is concluded by mutual agreement according to the law of another state. It reacted to the complaint of Radio ГA / ГA against the verdict of the previous Supreme Court, thus rejecting their complaint and confirming it with its decision. This resolution can be read here .


It was mainly about the content of the termination of the employment relationship by the American employer and the determination of their reasons for termination, which must, according to Czech law, be more specific.

 

The representative of the complainant then stated in his complaint:

"There is no reason for the termination of the employment relationship of an employee performing work in ČR concluded between two foreigners , moreover, in the situation where both persons, the employee and the employer, are entities from the same country, it was assessed according to the law of the Czech Republic".


The Constitutional Court justified its decision as follows:

"Reducing the achieved level of protection of fundamental rights and freedoms cannot be allowed even in things with an international element".


On this occasion, I would like to recall the very transparent efforts of the judge of the Court of First Instance #JH ( "Dr. Hustá") about the reclassification of my claim against discrimination (according to the Anti-Discrimination Act - ATZ) to a matter "with an international element" (such as "Foreigner", which was described in several of my posts, last here ).


The reason for his "expulsion" at the time was the alleged disrespect of his superior and the sending of mass emails, which evaluated Radio ГA / ГA as a violation of company policies and internal regulations ("Internal policy").


Similar nonsense was also used in the case of another employee, when the reason for the dismissal was disobeying the order to wear a mask and using the word "bomb" in the premises of the building. where such a word he must not say.


Like the famous dialogue from the movie "Fotr je lotr":


Investigator

You said a bomb on a plane.

Greg Jebal

Well, what's so weird about it?

Investigator

It is not allowed to say bomb on a plane.

Greg Jebal

Boom-boom-boom, boom-boom, boom-boom-boom-boom


What do all these statements have in common?

I believe that it is primarily managerial impotence that must be embellished after receiving a judicial statement, which can be read between the lines in each of above said lawsuits. You can read about the fact that this is definitely not an exceptional phenomenon on the pages of the well-known website Atmoskop.cz.


 


 

Or here another post in English:


 

 

Let's review all the vicissitudes you had to go through.

Like me, this ex-colleague of mine also went through the proceedings of our well-known District Court for Prague 10. Like me, he also demanded in his lawsuit that his statement be declared invalid. As in my case, the defendant was Radio ГA / ГA, it was represented by attorney #MV ("Mgr. Piggy") and similarly to my case it was decided in his disadvantage. Unlike me, the court upheld his subsequent appeal at Municipal court of Prague and canceled the decision of the District Court for Prague 10 and upheld him.


Then it went relatively fast.


This was followed by a complaint by the lawyer #MV ("Mgr. Prasátko") to The Supreme Court and after failure here too, it was followed by a complaint to The Constitutional Court, which decided as it did.


All these cases finished with unwanted media publicity of Radio ГA / ГA in several articles on domestic and foreign websites in June 2023 (more here and here).

The publication of details in the collection of findings of the Constitutional Court of the Czech Republic was only the last point in his case, which started a few months before mine, and now gives me strength and hope to persevere and not give up.


God knows how my other 2 former foreign colleagues would turn out today, since they lost all their trials in Czech Republic in 2014 and under very similar circumstances. I know, it was during the upgrade of Radio ГA / ГA from version 1.0 to version 2.0 and according to the well-known saying – "as many lawyers, as many legal opinions".


If you want to read more about this Radio ГA / ГA case, click on my article "I will make you unemployed" here .


What to say in conclusion?


Perhaps just so much that I believe that one day I will be as successful in all my disputes with my former employer as he was. It just takes me not giving up and believing that time will also bring my surprise from one of its pockets.


Thanks to my former colleague, today I believe to this more than half a year ago.


Congratulations Arash!




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