Antrenorul de judo Adrian Croitoru, despăgubiri uriașe în instanţă. Cum a reușit să dea o „lovitură” de 100.000 de euro

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Antrenorul de judo Adrian Croitoru a câștigat daune morale în valoare de 100.000 de euro pentru că a fost concediat de către Federația Română de Judo (FRJ) din funcția de antrenor al Lotului Olimpic Masculin de Seniori. Judecătoarea Mia Irina Balc, de la Tribunalul Brașov (Secția I Civilă), i-a acordat antrenorului nu doar uriașele daune morale, ci și despăgubiri constând în drepturi salariale, diurne și indemnizații de concediu. Hotărârea nu este definitivă.

Iată ce conține minuta sentinței nr. 360/2020 pronunțate în dosarul nr. 3694/62/2018:

„Admite, in parte, contestatia, astfel cum a fost formulata si, ulterior, precizata, de contestatorul ADRIAN CROITORU, in contradictoriu cu intimata FEDERATIA ROMANA DE JUDO, impotriva Deciziei nr. 14/08.10.2018 emisa de intimata si, in consecinta:

Anuleaza Decizia nr. 14/08.10.2018 emisa de Federatia Romana de Judo. Dispune reintegrarea contestatorului in functia detinuta anterior incetarii contractului individual de munca. Obliga intimata sa plateasca contestatorului o despagubire egala cu drepturile salariale si primele de Lot Olimpic, indexate, majorate si actualizate, de la data de 08.10.2018 si pana la reintegrarea efectiva.

Obliga intimata sa plateasca contestatorului suma de 5.953 lei, reprezentand drepturi salariale aferente perioadei 01.05.2017-12.07.2017, si suma de 595 lei reprezentand contravaloarea indemnizatiei de concediu de odihna neefectuat, aferent aceleiasi perioade, precum si prima de Lot Olimpic aferenta lunii Mai 2017.

Obliga intimata sa plateasca contestatorului suma de 19.450 lei, reprezentand ore suplimentare aferente perioadei 13.07.2017-08.10.2018.

Obliga intimata sa plateasca contestatorului sumele de 838 Euro si 468 USD, in echivalentul in lei la cursul BNR din ziua platii, reprezentand diurna legala aferenta perioadei 15.06.2017-12.08.2018.

Obliga intimata sa plateasca contestatorului suma de 1.054 lei, reprezentand contravaloarea indemnizatiei de concediu de odihna neefectuat aferent perioadei 13.07.2017-08.10.2018.

Obliga intimata sa plateasca contestatorului suma de 100.000 Euro, in echivalentul in lei la cursul BNR din ziua platii, cu titlu de daune morale, pentru prejudiciul de imagine creat prin suspendarea din activitate si concedierea nelegala.

Obliga intimata ca, dupa ramanerea definitiva a prezentei hotarari, sa o publice, pe cheltuiala proprie, pe site-ul de internet propriu (www.frjudo.ro), in ziarele ”Gazeta Sporturilor” si ProSport”, in 3 (trei) editii din 3 (trei) saptamani consecutive, precum si sub forma de Comunicat oficial pe site-ul www.judoinside.com.

Respinge restul pretentiilor.

Obliga intimata sa plateasca contestatorului suma de 2.040 lei, cu titlu de cheltuieli de judecata, reprezentand onorariu expert.

Cu drept de apel in termen de 10 de zile de la comunicare. In cazul formularii caii de atac, aceasta se va depune la Tribunalul Brasov. Pronuntata azi, 01.07.2020, prin punerea solutiei la dispozitia partilor prin mijlocirea grefei instantei.”

In replica, Federatia Romana de Judo ceruse respingerea tuturor pretentiilor antrenorului, scrie luju.ro. FJR explicase in instanta ca Adrian Croitoru nu ar fi putut realiza toate orele suplimentare despre care acesta vorbea in cererea de chemare in judecata, intrucat, daca ar fi fost asa, ar fi insemnat ca antrenorul ar fi muncit peste 24 de ore pe zi (o situatie – evident – imposibila).

Redăm un fragment din concluziile scrise ale avocatului Veronel Radulescu:

„Referitor la solicitarea de a se dispune respingerea cererii privitoare la obligarea subscrisei la plata contravalorii orelor suplimentare aferente perioadei 13.07.2017-08.12.2018, specificam urmatoarele:

Asa cum a rezultat din Declaratiile formulate de catre martorii audiati la termenul din data de 20.11.2019, in intervalul de timp cuprins intre 13.07.2017-08.12.2018 Contestatorul a avut calitatea de angajat al Clubului Sportiv Dinamo Bucuresti din cadrul Ministerului Afacerilor Interne, aspect ce rezulta din Declaratia de Avere cu nr.5347915/22.05.2018.

Totodata, din toate mijloacele de proba administrate in faza cercetarii judecatoresti a reiesit ca domnul Croitoru Adrian si-a desfasurat activitatea la Clubul Sportiv Dinamo Bucuresti in baza unui contract individual de munca, fiind remunerat pentru exercitarea atributiilor de serviciu pentru un interval de 8 ore/zi de munca.

Tinand cont de faptul ca potrivit prevederilor contractului individual de munca incheiat cu subscrisa Contestatorul isi exercita atributiile de serviciu intr-un interval de 8 ore/zi rezulta ca acesta se afla intr-o imposibilitate obiectiva de a realiza ore suplimentare, desfasurandu-si activitatea de serviciu pe o perioada de 16 ore/zi de munca.

Daca am lua in calcul cererea Contestatorului cu privire la orele suplimentare pe care le solicita s-ar ajunge la situatia absurda in care ziua de munca efectiva si continua ar depasi intervalul de 24 de ore ceea ce este imposibil.”

Sursa: Realitatea din Justitie

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