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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