Court verdict: RTK is forced to return Reed Berisha to work and compensate for 28 thousand euros

Berisha had filed charges on October 7th 2022, through which he has demanded a return to work on Kosovo Radio Television (RTK) and pay compensation for months as long as he was fired in the amount of 28 thousand and 492 euros and 97 cents, reports “Battle for Justice”.

The ignorant one. RTK in response to the indictment has reportedly rejected Berisha's whole request as unmanaged.

Therefore, the Court has found that Berisha's indictment is based and that it has been within the legal deadline, since the same has been handed over to RTK's decision (September 23rd 2022) via e-mail, without a right to a complaint, for which Berisha has then exercised the indictment, reports Periscope.

The decision says that, in order to cut off the work relationship, the employer is obliged to follow the relevant legal procedures, establishing the actual situation overall and guaranteeing the subject protection, which according to the court, RTK turns out not to.

Also, RTK is said to have had to submit in the 5-day term to launch the disciplinary procedure against Berisha. In case of a break in the work relationship, RTK reportedly had to summon the accuser to the meeting to clarify the decision and give him the opportunity to declare it.

And that according to the Court, the employer must predominate the appropriate procedure by verifying and thoroughly confirming the actual situation for alleged offenses, be well justified, then disrupt the work relationship.

“So the court concluded that failure to implement a correct disciplinary procedure against the plaintiffs has caused the actual situation to prove false, and this has resulted in the failure to prove the offenses that have been imposed on the plaintiff, even with one test, and resulting in a fair and legal decision.“, said in decision.

By the decision, RTK has dismissed Berisha due to continued media presentations contrary to RTK's internal regulations and management instructions. Furthermore, it is said that under RTK's decision, the plaintiff has distributed other media material on Facebook, thus committing serious disciplinary violations.

According to the Foundation, however, the employer, on the grounds of an official's alleged disciplinary rape, must provide evidence and argue the timing and manner of wrongdoing.

So according to the Judge, RTK had to specify time, way, actual description of each media presentation that Berisha has made, and not in response. In the decision, it is said that the contents of public statements or those posted on Facebook have not been described.

Always by choice, RTK was supposed to warn in advance of the haprocations that could be involved, verify the facts, allow it to present protection and finally make the right decision.

“Since these actions are not taken by the indictee, it turns out that the decision to dismiss the plaintiff from the position of marketing leader is illegal, so he cancelled the same at point 2 of the device of this act“, said in decision.

RTK is forced to return Reed Berisha to editorial editor position 1 - RTK/The Planning Unit, which it had under contract indefinitely, before the dismissal.

Meanwhile, the decision regarding pay compensation to Berisha of 28 thousand and 492 euros and 97 cents, the Court has based it on financial experience.

Against that decision, the dissatisfied side has the right to complaint in the 7-day term after accepting the written-shaped decision.

On this decision, contacted by “Justice Vow“, Berisha said he is satisfied with the decision.

The “for me is a statistical establishment of legitimacy in this long process that I have followed, and I am satisfied with the legitimacy that is imposed”, Berisha said.

By contrast, according to the Foundation's decision, in the 7 October 2022 indictment, Berisha has called for cancellation of the Kosovo Radio Television decision (RTK), to cut off the labour relationship, return to the workplace and pay compensation.

Always according to the decision, Berisha in the indictment and during the trial had stressed that he had been on contract indefinitely, when the unlawfully indicted had severed his working relationship with the prosecution's findings was presented to several other media at odds with the internal acts of the indictee and without any prior approval from the editor, as well as made the distribution of other media material repeatedly to his social network on Facebook.

For these actions of the plaintiff, RTK reportedly claimed that his good image and reputation have been damaged, as well as the public integrity of the indictee, without confirmation of the actual situation, and without proving the disciplinary violations that were imposed on him.

The Unknown - RTK in response to the indictment had reportedly stressed that plaintiffs Rid Berisha has been cut off on working after the full assessment of the actual situation and that the decision was taken in line with the regulation for RTK's material and disciplinary responsibilities, which envisions cut and no warning from the general director when there are two or more serious violations in question, in cases when the duration of the procedure can cause physical, programming and material consequences for RTK.