07. 10. 09. - 17:00

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07. 10. 09. - 17:00

Croat sues Czech Republic for national Discrimination

Croatian Times

The European Court of Human Rights in Strasbourg has officially registered a suit against the Czech Republic submitted by a Croat that claims national discrimination.

The Czech Republic, claims Snjezana Pelivan, a Croat who has resided in Prague since 1995, failed to safeguard her rights to non-discrimination and a fair trial guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms.

Pelivan was employed as a marketing manager by American Radio Free Europe/Radio Liberty (RFE/RL). After several years of work, her employment was terminated in June 2005 without any reason stated orally or in writing, any prior warning or previous disciplinary measures, and without severance pay because she had refused to agree in writing with her dismissal and, also in writing, to give up her right of appeal.

RFE/RL is fully financed by the US Congress via the Federal Agency Board of Broadcasting Governors (BBG). RFE/RL, which broadcasts in 28 languages to 21 countries and employs several hundred foreign nationals in Prague.

The RFE/RL policy manual stipulates that "RFE/RL's relationship with its employees is governed by an ‘employment-at-will' philosophy. That means that either party may terminate an agreement at any time for any reason.

The Czech Constitutional Court did not find work contracts between foreigners and RFE/RL to be discriminatory or in violation of the Czech legal, social or state order. It also did not find that RFE/RL’s hiring methods violated the imperative of "good morality" prescribed by Czech labour legislation.

It decided that Pelivan had signed knowingly, willingly and by her own consent
an employment agreement, that, as admitted by the same court, gave her
less protection in the Czech Republic than that provided by Czech labour legislation.

In her charge of discrimination submitted to the European Court of Human
Rights, Pelivan claimed the ruling by the Czech Constitutional Court meant a legal vacuum for hundreds of foreign employees of RFE/RL.

She said:" While they are excluded by American legislation from protection in US courts, despite that their work contracts are governed on paper by US law, they are also deprived of effective legal remedy in the Czech Republic - precisely because their contracts are governed on paper only by US law. The ruling empowers American  management of RFE/RL to terminate arbitrarily its foreign employees’ contracts without a need to justify such actions in a court of law. With this ruling, RFE/RL foreign employees’ right to effective court protection has become a legal fiction."

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