“I am truly happy, moved and full of beautiful emotions,” said Robert Mikuláš, a forty-one year old reserve sergeant.
“When I heard the verdict, I clenched my fists under the table and said to myself: yes, it worked. This is great news for me, also for other people who were kicked out of the army because the army forced them to be vaccinated,” added the father of three son, who currently works as an auditor in a transport company in Pardubice.
List At the beginning of the month, News described the story of Robert Mikuláš, a former company technician from the command team of the 14th logistical support regiment, who was martyred to avoid having to undergo mandatory tick-borne vaccinations. encephalitis a second time. After the first one, he developed multiple sclerosis and he was afraid that the second vaccination would significantly worsen his health. Many expert doctors proved him right.
However, the army insisted on mandatory general vaccinations. When he refused, he fired the sergeant with fifteen years’ service. An appeal to the then Chief of the General Staff, Aleš Opata, also did not help, who wrote to the sergeant that if he did not complete his occupational health examination with the conclusion “able”, ie. , he could not serve in the army.
Double standards in the army
Seznam Zpráva has an oath statement of a sergeant (his name is known to the editor), who in October last year did not take the mandatory vaccination against meningitis (the reason was the lack of a vaccine), but his occupational medical examination was to end with the conclusion “able”. Even after thirteen months, no one from the army had invited him to be vaccinated.
So Robert Mikuláš went to court and filed an administrative action against the Abbot’s decision. The head of the Senate City Court in Prague, Milan Tauber, agrees with him.
He will pay his salary
“The court upheld our objections and held that the regulations which impose a general obligation to undergo vaccinations, deviate from legal limits, and therefore the decision to terminate on that basis is illegal,” Alice Hejzlarová, attorney representing Robert , interpreted the verbal decision of Nicholas court.
“After obtaining legal authority, the client can decide whether to return to the service or not. At the same time, he is entitled to additional payment of service revenue for the period of illegal dismissal,” adds Alice Hejzlarová.
The judgment is not final. The General Staff and the Ministry of Defense have two weeks from the date of delivery of the decision to appeal the court decision. They would not say whether they would do so and whether the matter would eventually be handled by the State Administrative Court.
“Currently the decision of the court of first instance. First, we want to wait and study the court’s written reasons before deciding on further action. Until then, we will not be commenting further on the court’s decision,” ministry spokesman David Jareš wrote to the editor.
Seznam Zprávy has requested an interview with the Minister of Defense Jana Černochová (ODS) for a month, who promised the ombudsman that because of this case she will initiate the amendment of the Law on Public Health Protection and implementation of the amendment to the law on vaccinations. However, until now, this request has not been answered.
“This is a great victory, but I haven’t won the war yet,” said Sergeant Robert Mikuláš. He said he would keep fighting. To the end, he claims.
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