Croatia / Municipal Labour Court in Zagreb / no. 6 Pr-636/17-188

Country

Croatia

Title

Croatia / Municipal Labour Court in Zagreb / no. 6 Pr-636/17-188

View full Case

Year

2018

Decision/ruling/judgment date

Wednesday, July 18, 2018

Incident(s) concerned/related

Harassment

Related Bias motivation

Nationality
Race/Ethnicity
Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Municipal Labour Court in Zagreb

Key facts of the case

The case is concerning harassment and discrimination in the workplace. During 2011, at his workplace, the victim was received threatening messages such as “Stinking Arab, you are taking away food meant for our children, we will exterminate you all”, messages with a drawn knife and noose with the message under writing “choose” and other disturbing content. The case revolved around whether the employer had ensured sufficient measures of protecting and preventing harassment of their workers.

Main reasoning/argumentation

The Court determined that the employer was at fault for not ensuring sufficient measures of protecting his workers from harassment in the workplace, as he knew about the threatening messages but only notified the police two months after the worker informed him about the third threatening message he received.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The Court determined that the employer was at fault for not ensuring sufficient measures of protecting his workers from harassment in the workplace.

Results (sanctions, outcome) and key consequences or implications of the case

The Court found that the worker had been harassed and discriminated against in the workplace based on his nationality/ethnic origin and religion, and was awarded reparations in the amount of 50,000 kn with interest, and also the amount of salary difference. The Court based that amount on the fact that the harassment provoked PTSD and depression in the victim, which in turn caused a deterioration of his ability to live by 15%.

Key quotation in original language and its unofficial translation into English with reference details

N/A

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.