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Prague Post, Czech Rep.
Sept 5 2014
Constitutional Court rejects Armenian's complaint over dismissal at RFE/RL
Former Radio Free Europe employee had been fired without reason after
12 years of service.
Brno, Sept 5 (CTK) - The Czech Constitutional Court (US) has turned
down the complaint by Armenians journalist Anna Karapetyan, who had
unsuccessfully challenged her dismissal from Radio Free Europe/Radio
Liberty (RFE/RL) as discriminatory, the Czech News Agency has learned
from the US database of verdicts.
The RFE/RL, a U.S. radio station seated in Prague, sacked Karapetyan
without telling her why.
The ÚS said this was possible based on Karapetyan's work contract that
set the U.S. law as decisive for her and the employer's relationship.
No discrimination or any other violation of fundamental rights
occurred in this case, it added.
Karapetyan had worked for the RFE/RL for 12 years. She filed the
complaint in 2007. Czech courts first turned it down but later, after
the intervention of the Supreme Court, a lower level court decided
that her dismissal was invalid, and she remained the RFE/RL's
employee.
However, the appeals court again decided in favor of RFE/RL, and the
Supreme Court upheld the verdict last year.
Karapetyan then turned to the ÚS. She said the RFE/RL discriminates
against staffers who are not Czechs or Americans. Their work contract
falls under the U.S. legal regime, but they cannot seek protection in
U.S. courts, Karapetyan says.
She says it is impossible for an employee to enjoy lower protection
than what is guaranteed by the country he/she works in, which is the
Czech Republic in her case.
The ÚS, however, decided it is not discrimination if the employer,
based on work contracts, applies different legal regimes to employees
of different nationalities.
The contractual choice of the decisive legal regime would otherwise
become meaningless, the ÚS ruled.
The case would be different if the employer chose criteria such as the
color of skin, race or sex to formulate work contracts. Karapetyan
says, however, the only reason RFE/RL offers different legal regimes
to employees is their nationality, ÚS judge-rapporteur Milada Tomková
said.
RFE/RL is seated in Prague, but it is funded by the U.S. Congress. Its
goal is to promote democracy worldwide, mainly in the countries where
people have bad access to unbiased information or where they face
various kinds of suppression. At present, the RFE/RL broadcasts to 21
countries, including Armenia, Azerbaijan, Belarus and Russia, in 28
languages.
Its work contracts practice was criticized by the Czech Helsinki
Committee in 2012.
Czech courts previously dealt with a controversial dismissal of
another RFE/RL staffer, Croat Snježana Pelivan, whose complaint they
turned down as well.
http://www.praguepost.com/czech-news/41393-constitutional-court-rejects-armenian-s-complaint-over-dismissal-at-rfe-rl
Sept 5 2014
Constitutional Court rejects Armenian's complaint over dismissal at RFE/RL
Former Radio Free Europe employee had been fired without reason after
12 years of service.
Brno, Sept 5 (CTK) - The Czech Constitutional Court (US) has turned
down the complaint by Armenians journalist Anna Karapetyan, who had
unsuccessfully challenged her dismissal from Radio Free Europe/Radio
Liberty (RFE/RL) as discriminatory, the Czech News Agency has learned
from the US database of verdicts.
The RFE/RL, a U.S. radio station seated in Prague, sacked Karapetyan
without telling her why.
The ÚS said this was possible based on Karapetyan's work contract that
set the U.S. law as decisive for her and the employer's relationship.
No discrimination or any other violation of fundamental rights
occurred in this case, it added.
Karapetyan had worked for the RFE/RL for 12 years. She filed the
complaint in 2007. Czech courts first turned it down but later, after
the intervention of the Supreme Court, a lower level court decided
that her dismissal was invalid, and she remained the RFE/RL's
employee.
However, the appeals court again decided in favor of RFE/RL, and the
Supreme Court upheld the verdict last year.
Karapetyan then turned to the ÚS. She said the RFE/RL discriminates
against staffers who are not Czechs or Americans. Their work contract
falls under the U.S. legal regime, but they cannot seek protection in
U.S. courts, Karapetyan says.
She says it is impossible for an employee to enjoy lower protection
than what is guaranteed by the country he/she works in, which is the
Czech Republic in her case.
The ÚS, however, decided it is not discrimination if the employer,
based on work contracts, applies different legal regimes to employees
of different nationalities.
The contractual choice of the decisive legal regime would otherwise
become meaningless, the ÚS ruled.
The case would be different if the employer chose criteria such as the
color of skin, race or sex to formulate work contracts. Karapetyan
says, however, the only reason RFE/RL offers different legal regimes
to employees is their nationality, ÚS judge-rapporteur Milada Tomková
said.
RFE/RL is seated in Prague, but it is funded by the U.S. Congress. Its
goal is to promote democracy worldwide, mainly in the countries where
people have bad access to unbiased information or where they face
various kinds of suppression. At present, the RFE/RL broadcasts to 21
countries, including Armenia, Azerbaijan, Belarus and Russia, in 28
languages.
Its work contracts practice was criticized by the Czech Helsinki
Committee in 2012.
Czech courts previously dealt with a controversial dismissal of
another RFE/RL staffer, Croat Snježana Pelivan, whose complaint they
turned down as well.
http://www.praguepost.com/czech-news/41393-constitutional-court-rejects-armenian-s-complaint-over-dismissal-at-rfe-rl