Dismiss Krsto Radović
It will be enough for you to simply read the decision and everything will become clear. Given that you jointly proposed and appointed him as acting director, and later, as members of the Appointment Commission and the Board of Directors, selected him as executive director, you are directly responsible for all of his actions that have been confirmed as unlawful - Vladimir Ružičić and Aco Ognjenović stated in their letter
Former Head of the Legal and Administrative Affairs Sector at the Regional Water Utility “Montenegrin Coast” Vladimir Ružičić, who was dismissed at the end of June following disciplinary proceedings, and former Head of the Legal and Administrative Affairs Service Aco Ognjenović, who was dismissed at the end of July, also following disciplinary proceedings, addressed the Board of Directors with a request to act in accordance with the decision of the labour inspector, who determined that Executive Director Krsto Radović did not meet the requirements for appointment to that position, as both of them had previously claimed and “paid for” with their dismissals.
Prior to this, they had addressed the President of the Board of Directors Zoran Lakušić on two occasions, but received no response.
ANNUL THE DECISIONS
The decision of the Labour Inspection was confirmed by the Ministry of Labour, Employment and Social Dialogue, which rejected Lakušić’s appeal.
- We ask you to initiate the convening of a Board of Directors session where the first agenda item will be the consideration of the Ministry of Labour’s decision and the dismissal of Krsto Radović from the position of executive director. The second item - a decision on recovering all salaries and allowances paid to Radović. The third item - annulment of all decisions made by Radović, including decisions on termination of employment - Ružičić and Ognjenović demanded in the letter submitted to the Board of Directors.
They assessed that it is necessary for the Board to remedy the irregularity identified in the Labour Inspection’s decision by dismissing Krsto Radović and annulling all decisions he made as an unlawfully appointed executive director, including their dismissals.
- Believing that Zoran Lakušić concealed this from you, we are taking this opportunity to inform you and make you aware of it. It will be enough for you to simply read the decision and everything will become clear. Given that you jointly proposed and appointed him as acting director, and later, as members of the Appointment Commission and the Board of Directors, selected him as executive director, you are directly responsible for all of his actions that have been confirmed as unlawful - they emphasized in the letter.
RECOVER THE DAMAGES
They added that Radović “collected approximately 48.000 euros over 12 months, initiated 25 disciplinary proceedings in a single day, and hired or engaged around 20 individuals”, and that he unlawfully dismissed both of them.
- By causing damage to the Company exceeding 100.000 euros which you will, in all likelihood, have to compensate jointly, plus additional damage that Borislav Ivanković (dismissed executive director, ad interim) will recover from the Company due to his unlawful dismissal – they wrote in their letter.
They called on members of the Board of Directors not to ignore their emails, stressing that “you do not receive compensation of over 1.000 euros, plus committee fees, in order to adopt everything Lakušić puts on the agenda, but to work in the interest of the state of Montenegro and the Company in which you hold positions as members of the Board of Directors.”
- For all of the above reasons, we propose that the fear of dismissing Mr. Radović in order to preserve your positions should not outweigh the fear of acting in accordance with the law - the two told the Board of Directors.
They also reminded that a potential lawsuit before the Administrative Court does not suspend the enforcement of the decision and warned that failure to act on the Labour Inspection’s decision entails criminal and misdemeanor liability. They expressed hope “that appointment to some commission will not result in turning a blind eye to this”.
They further emphasized that the relevant ministries which delegated their respective candidates to the Board of Directors would be informed of their actions at the Regional Water Utility.
CONFIRMATION OF THE MINISTRY
ETV Portal reported on 9 December that the Ministry of Labour confirmed the decision of the Labour Inspection that the director of the Regional Water Utility “Montenegrin Coast,” Krsto Radović, affiliated with the Democrats party, does not meet the requirements for that position.
- Based on all of the above, and after assessing the appeal claims and the case file, the Ministry is of the view that the contested decision was adopted through proper application of substantive law, and that the labour inspector acted correctly by ordering the competent authority to remedy the irregularities regarding the establishment of the employment relationship of Krsto Radović, as he does not meet the special requirements necessary for employment with the supervised entity - we quoted part of the Ministry’s decision.
They also recalled that the chaotic situation at the Regional Water Utility has persisted since November last year, when the Board of Directors unlawfully dismissed the third director in less than three and a half years - Borislav Ivanković.
- This confirmed the first-instance decision of Inspector Haida Jevrić Osmanović that the Board of Directors, headed by Zoran Lakušić, abused official position by unlawfully appointing Radović. In support of this, the reasoning of the second-instance decision unequivocally confirms the position that „relevant work experience is recognized as the time spent performing tasks directly related to the required level of education“, which means that Radović did not meet this requirement at the time the public call was announced and the decision on his appointment was adopted - they stated at the time for our portal.
It clearly follows from the Ministry’s decision, they added, that all actions undertaken by Radović as executive director are legally unsustainable and considered null and void.
POLITICAL BARGAINING
Due to what they describe as fabricated disciplinary proceedings and the subsequent dismissals, Ružičić and Ognjenović filed lawsuits and are awaiting court outcomes.
Zoran Lakušić submitted his resignation last December, shortly after the scandal caused by the dismissal of Ivanković and the appointment of Radović, but the Government has to date not formally acknowledged it.
Ružičić and Ognjenović told ETV Portal that “through its inaction, the Government has become an accomplice to unlawful actions at the Regional Water Utility”.
- We addressed them multiple times to take steps to resolve the situation in the company, but we received no response - our interlocutors recalled.
The Regional Water Utility, like other state-owned companies in Montenegro, is a victim of political bargaining and influence, and those who oppose or merely point out illegalities and decisions harmful to companies “pay a high price.” Ružičić and Ognjenović were dismissed.