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.
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!