ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA Example: 185 The Ombudsman processed a case in which the complainant identified the Municipality of Vlasenica. The complainant claims the Municipal Mayor adopted a decision 186 cancelling the position of an senior expert associate for agricultural development in the municipal administrative body which was so far held by him thus granting the complainant a status of "not assigned". From this decision the complainant appealed, and his appeal was refused under a decision of the Municipal Appellate Board. Ombudspersons issued their recommendation 187 to the Mayor of Vlasenica Municipal Administration and the Ministry of Administration and Local SelfGovernment or Republika Srpska. The Municipality of Vlasenica did not reply to the issued complaint. Example: 188 The Ombudsman processed a case in which the complainant identified the Municipality of Teslić for alleged violation of labor rights He claims that he is employed in the Municipal Administration, which recently passed a decision 189 transferring him from the Industry and Agriculture Department into the Social Issues Department with salary calculation coefficient 7,50. In the same Department, apart from the complainant, another two employees were there who had the same category (fifth), the same position (third), the same educational background (university degree, 240 ECTS) and the very same responsibilities (for proper implementation of work methods, procedures and expert techniques). However, their coefficients are 8,50 and 9,50, the fact he got to know by accident, which put him into an unequal position compared to other employees. The reason for such treatment, according to him, is the fact that during the discharge of the duty of a Secretary of the Municipal Administration of Teslić Municipality in the period from 2012 to 2016 he refused to sign the attendance list for the employees not coming to work. In respectoof these allegations, the Ombudsman asked the respondent party to provide it with its explanation, which was given in a letter 190 of the Municipal Administration refusing all the charges of discrimination finding it ill-founded and arbitrary, claiming at the same time that the complainant enjoyed all the rights and legal entitlements and benefits, and will keep enjoying it in the same manner as other employees in the Municipal Administration. Seeking the achievement of his rights the complainant initiated a lawsuit and the Basic Court in Teslić in this matter passed its decision no.: 87 0 Rs 026024 18 Rs dated 28 March 2019. Under this decision the complainant's claims were granted and the Court obliged the Municipality to indemnify the complainant and pay non-pecuniary damages. In this way this case was solved to the favor of the complainant. Example: 191 The complainant addressed the Ombudsman seeking the assistance in order to successfully overcome the harmful consequences arising from the violation of her rights in the field of labor relations. The complainant is a long-term employee of the company "Hidroelektrane na Trebišnjici" and the last employment contract specifies that she performs the tasks and duties of a skilled waiter in the General and Joint Affairs Service in the General Sector, in the Directorate for Economic, Legal and General Affairs. The complainant seriously complained that her immediate supervisor did not comply with the rights and obligations provided for in the said Ž-BL-04-765/18 Decision no.: 02/1-127-66/18 dated 31 August 2018 187 P-86/19 dated 26 March 2019 188 Ž-BL-04-182/19 189 Decision no.: 02-127-1/17 dated 17 May 2017 190 A document no.: 02-014-151/19 dated 21 March 2019 191 Ž-MO-04-2/19 185 186 51

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