In the event of unlawful dismissal, workers’ rights allow for, inter alia, the possibility of filing a motion for preliminary injunction to return them to work until the end of the court dispute.
Article 106, Paragraph (4) of the Labor Law of FBiH states that “A worker disputing the termination of employment may request that the court impose a temporary order for his return to work until the end of the court dispute”.
In cases where a labor law attorney in Sarajevo represented the defendant in court proceedings with the aim to annul the Decision to Terminate Employment without Notice before the Municipal Court in Sanski Most, case number 22 0 Rs 057718 23 Mo, the petitioner’s motion for a preliminary injunction was rejected on 17 August 2023 because the plaintiff did not prove the merits of the claim, nor did he prove that without the requested injunction the party opposing the injunction could prevent or significantly impede the realization of the plaintiff’s claim. Furthermore, the plaintiff did not prove that his own livelihood or that of any dependents of the plaintiff were endangered, thus the court took the position that the proposed measure was not urgent.
Also, the Municipal Court in Sanski Most, in another similar case, case number 22 0 Rs 057720 23 Mo, rejected the petitioner’s motion for preliminary injunction on 17 August 2023 because the plaintiff did not prove the merits of the claim, nor did he prove that without the requested injunction the opposing party could prevent or significantly impede the realization of the plaintiff’s claim. Furthermore, the plaintiff did not prove that his own livelihood or that of any dependents of the plaintiff were endangered, thus the court took the position that the proposed measure was not urgent.
The motion for a preliminary injunction for his return (meaning the worker/plaintiff) to work until the end of the court dispute is an effective model for protection of workers’ rights if the plaintiff manages to prove that the proposed measure is justified.
If you need consultation on the topic of preliminary injunctions in labor disputes as a worker, company, company member, director or founder, or if you need a labor law attorney in Sarajevo for your company or for your business idea, then you are at the right place with us and you can contact our corporate lawyers directly by phone (+387 62 342 463), WhatsApp, Viber or email (rasid@haracic.ba).
