No.07-00-191/2015-02  Date: 31 July 2015

OPINION

The opinion was issued in the procedure regarding the complaint lodged by the LCFHR, on behalf and with the consent of J.D. against the Institute for Oncology and Radiology of Serbia for discrimination on the grounds of gender and age in the area of labour. The complaint claimed that that J.D. had been employed with the Institute for Oncology and Radiology of Serbia since 2006 as hygiene technician and that towards the end of 2014 her employment was terminated upon expiry of the fixed-term employment contract. The termination of employment for the complainant came after several years of work at the same job and numerous extensions of the employment contract. The declaration of the Institute for Oncology and Radiology of Serbia claimed that the employment was terminated for J.D. upon expiry of the fixed-term employment contract since the Institute had to reduce the number of fixed-term employees in accordance with the staffing plan passed by the Ministry of Health. In the course of the procedure it was established that the employees whose employment was terminated upon expiry of the fixed-term employment contract were of both genders aged between 25 and 60. It was established that the Institute for Oncology and Radiology of Serbia provided sufficient evidence to prove that the decision on the termination of the fixed-term employment contract for J.D. was not influenced by her age or gender. For this reason the Commissioner for the Protection of Equality issued the opinion that by the decision of 14October 2014 terminating the fixed-term employment contract for J.D. on 31 October 2014 due to expiry of the period of employment under the contract no. 8-196 of 28 August 2014, the Institute for Oncology and Radiology of Serbia did not violate the provisions of the Law on the Prohibition of Discrimination.