Second dismissal

Second dismissal dated August 30, 2011.

Judgment "for recognition" dated June 19, 2012: The dismissal of employment dated August 30, 2011, is declared null and void.

After the first judgment was handed down in March 2011, I informed Archbishop Duka by a short letter about the invalidity of the first dismissal, which went unanswered.

Therefore, I contacted the archbishop with a longer letter on May 16, 2011, in which I primarily applied to renew my credentials to serve: "I had been deprived of my credentials to serve without having been guilty, in any way, of violating the regulations and repeatedly or grossly violating work discipline. I ask you, Mr. Archbishop, to renew my commission to the General University Hospital in Prague, to which I have devoted much of my professional life. I further ask that the Archbishopric of Prague reimburse me for the full amount of my lost salary."

An icy shower came from the Prague Archbishopric: instead of a renewed commission, instead of reimbursement of the amounts owed, let alone some apology, I learned that I was redundant.

When I pointed out that another woman had been employed at another hospital, I received a "good offer": to terminate my employment by mutual agreement and to apply for the audition procedure at Motol Hospital.

You see - I had a judgment of invalidity of the first termination. It means my valid employment contract with a working time of 20 hours per week at the General University Hospital. And I should have voluntarily resigned from this valid employment contract by agreement and applied for bankruptcy at Motol!  If I had won the audition, I would have been given 4 hours per week by the Archbishopric at Motol Hospital.

But that's not all. The tragicomedy was escalating - on the selection committee at Motol Hospital, both of my "friends" (Mons. A. Opatrný and Dr. E. Kalvínská) were sitting. Such conditions were unacceptable to me.

Moreover, by July 2011, the Archbishopric owed me 16 salaries.  It conditioned the payment of the owed wages upon the termination of the service relationship.

While I was on vacation, which the Archbishopric knew, they sent me the 2nd notice of termination by registered letter (dated August 30, 2011). It is hard to find logic. Maybe they "just" wanted to spoil my vacation.  In any case, they made a big mistake.

The second dismissal is remarkable for several reasons:

1/It is given from a "service relationship" under the Labor Code, which is not allowed under Czech law.

2/The redundancy was justified by an alleged organizational measure that concerned only me and no one else.

3/ The notice of termination was not sent to my own hands, which is against Czech law.

A spoiled vacation on the one hand, and on the other a gross error by the Archbishopric in failing to serve notice according to the applicable law, foreshadowed another victory for me.

No agreement with the Archbishopric was possible, and the court quickly granted the claim for nullity of the termination.