No. 07-00-678/2015-02  Date: 17 December, 2015

OPINION

The opinion was issued in the procedure following complaint from Lj.R. against RTB B. d.о.о. Bor. The complaint states that after addressing the Commissioner for the Protection of Equality, was deposed from the post of head of RTB B. Internal Control Sector and assigned to a lower ranked post (independent controller). The declaration of the employer’s director states that it is not true that Lj. R. was transferred to a lower ranked post because he addressed the Commissioner for the Protection of Equality, and that the transfer had been done more than a month before RTB B. received an official letter from the Commissioner, and before that date, RTB B. did not know nor could know that Lj. R. addressed the Commissioner, which means that the allegations in the complaint have no basis. During the procedure it was established that RTB B. did not offer evidence that there were objective and justified reasons for transfer of Lj. R. to a lower ranked post, which were not related to his previous address to the Commissioner for the Protection of Equality. The Commissioner for the Protection of Equality issued the opinion that by transferring Lj. R. to a lower post, RTB B. d.o.o. B. violated the provisions of the Law on the Prohibition of Discrimination (prohibition of relying on responsibility) and recommended RTB B. and director B. S, as a responsible person, to eliminate the consequences of discriminatory treatment of Lj. R. within 15 days from the date of receiving the opinion with the recommendation, to apologize in writing to him as well as to put the opinion and recommendation of the Commissioner for the Protection of Equality on a notice board or other visible place in RTB B. d.o.o. B.