By The Trade Union of Media of Montenegro (TUMM) welcomes the first-instance ruling of the Basic Court in Podgorica, which annuls as unlawful the dismissal of the president of the trade union organization at RTV Podgorica, Milan Nikčević.
Nikčević sued RTV Podgorica after being dismissed in March this year for what the disciplinary commission described as a serious breach of work discipline, namely “abuse of official position or exceeding authority.” During the disciplinary proceedings, Nikčević was suspended, and his salary was reduced by 50 percent.
The management of RTV Podgorica, namely executive director Vladimir Otašević, accused Nikčević of “abuse of official position or exceeding authority” because, on the basis of verbal approval, he regularly (monthly, for more than a year in total) filled up 100 liters of fuel into his private car at the expense of the local public broadcaster, while regularly informing the financial department of the company of this practice.
Judge Boško Bašović of the Basic Court emphasized in the ruling that there was no basis for the imposed disciplinary measure, since RTV Podgorica, as the defendant, failed to prove intent. The ruling further explains that Nikčević had verbal approval from the director, which is evidenced by the fact that he submitted fiscal receipts twice a month to the employer’s financial department for the fuel used, receipts that included his full name.
“The above indicates to the Court that the defendant was aware that the plaintiff, throughout the entire disputed period, used the fuel for his private vehicle for commuting between Nikšić and Podgorica. This did not last just a month but at least a year. Therefore, the defendant’s claims that the plaintiff acted with intent, with awareness that he was doing something unauthorized, were deemed unfounded, especially considering his transparent conduct. Consequently, the Court finds that in this specific case, the plaintiff cannot be held responsible for abuse of position or exceeding authority, since violations of work obligations can only be committed with intent,” the ruling states.
From the outset, TUMM pointed out that the disciplinary procedure against Nikčević was fabricated and represented anti-union discrimination targeting the trade union president, who has been the focus of executive director Otašević’s actions since his appointment. Nikčević’s job position was changed twice—professionally degrading him—and he had already been subjected to one prior disciplinary process. During the latest proceedings, the TUMM leadership initiated a meeting with Otašević, but he refused to end the fabricated process (confirmed as such by the court’s ruling) and insisted on punishing the union representative. TUMM also warned Otašević, as well as the members and president of the Council of the public broadcaster, about the double standards applied, and demanded that the Council dismiss Otašević, who was openly persecuting Nikčević. We also warned the Council that the ruling would be precisely this—that Nikčević would be reinstated and compensated for damages during their term in office. The Council refused to dismiss Otašević.
The Court also noted that neither the proposal to initiate disciplinary proceedings nor the decision itself specified which authorities Nikčević had, and allegedly exceeded, which was the basis of the accusations.
The Court further criticized the formulation of the alleged violation, as Nikčević was charged alternatively with two different violations, which is inadmissible—abuse of official position or exceeding authority.
Nikčević also requested a temporary measure allowing him to return to work until the court proceedings concluded, but the court rejected this request.
By the ruling, the local public broadcaster in Podgorica is obliged, within eight days of the decision becoming final, to reinstate Nikčević and pay court costs amounting to €375.
