Court considers dismissal of actor detained at Kastrychnistkaya Square to be legal
An actor Pavel Harlanchuk played leading roles with the house full at Gorky Russian Theatre. Among the plays were “The Only Heir” and “Plum”. He was considered to be a new representation of the Belarusian theatre until he decided to go to Kastrychnistkaya Square last year and was sentenced to 10 days of detention.
The theatre administration decided that acting technique could be lost after 10 days away from work. Two substituted performances cost the actor of higher category his job, flat and a note “professional impropriety” added in his work-book.
The actor lodged a complaint to the court which was to decide what Harlanchuk’s professional qualities had been lost during the 10 days of detention.
It turned out that no one could explain the meaning of the artistic council and the certifying commission’s decision. And no one could refute it either. Pavel Harlanchuk says:
Pavel Harlanchuk: “You cannot legally appeal a decision of the certifying commission.
For example, if I gathered the certifying commission against any actor they did not like, even if it were Louis de Funès, and if we announced that he was a bad actor, it would be enough to dismiss him”.
The certifying commission which for some reason included the deputy of the Minister of Culture voted against Harlanchuk unanimously.
The deputy Minister asked the actor: “If there were a meeting tomorrow, would you go there?” - That’s my own business”, - answered the actor. The actor says the reply would have been different if they had asked what he would prefer – meeting or work.
That’s why he went to the meeting only after having played his performance. They did not claim that they dismissed the actor for political reasons, but he was fired and told: “Politics and theatre are incompatible”.
Pavel Harlanchuk: “The greatest pressure was from the Deputy Minister who said I had caused “creative losses” meaning they had to substitute two performances while I was imprisoned.
They said it was unacceptable for an actor and that it did not correspond to my status... that I should not have done it… But such things happen twice a month in our theatre, for example when someone falls ill”.
When Harlanchuk was ill the art director took him to the theatre in his car and the actor played in performances. He did not leave the stage even when his hand was badly injured during a performance.
He never missed rehearsals and never upset performances. That’s why no one believed the accusations of his lack of responsibility. And it is not necessary to fire a person for two performances he missed; they could have reprimanded him and deprived of bonus payment. A lawyer Pavel Sapelka comments on the situation:
Pavel Sapelka: “Actually it was Harlanchuk’s unexcused absence from work. He could have been subjected to disciplinary liability (and even dismissed) in a month.
But the skipped the term. In September the head of the trade union said: “We cannot legally dismiss you”. So, he was dismissed illegally”.
The lawyer says that the order of Harlanchuk’s dismissal was violated. There were other vacancies that could be proposed to him at the theatre.
The court pronounced a decision against the actor because admitting that a person was dismissed for his political views is the same as admitting that there is political pressure in our country. But Harlanchuk’s lawyer says they will not give up.
Pavel Sapelka: “The protocol of the hearing will be studied. If mistakes are found there we will present a recording of the hearing. Then we will compose a constitutional complaint and send it to the Minsk City Court’s Collegium on civil cases.
If the decision of Minsk City Court does not satisfy us we will appeal it in the Supreme Court”.
Pavel Harlanchuk says that he has not lost optimism. Now you can see him at Modern Art Theatre situated in the building of the concert hall “Minsk”.
Photo by www.rustheatre.nm.ru
The theatre administration decided that acting technique could be lost after 10 days away from work. Two substituted performances cost the actor of higher category his job, flat and a note “professional impropriety” added in his work-book.
The actor lodged a complaint to the court which was to decide what Harlanchuk’s professional qualities had been lost during the 10 days of detention.
It turned out that no one could explain the meaning of the artistic council and the certifying commission’s decision. And no one could refute it either. Pavel Harlanchuk says:
Pavel Harlanchuk: “You cannot legally appeal a decision of the certifying commission.
For example, if I gathered the certifying commission against any actor they did not like, even if it were Louis de Funès, and if we announced that he was a bad actor, it would be enough to dismiss him”.
The certifying commission which for some reason included the deputy of the Minister of Culture voted against Harlanchuk unanimously.
The deputy Minister asked the actor: “If there were a meeting tomorrow, would you go there?” - That’s my own business”, - answered the actor. The actor says the reply would have been different if they had asked what he would prefer – meeting or work.
That’s why he went to the meeting only after having played his performance. They did not claim that they dismissed the actor for political reasons, but he was fired and told: “Politics and theatre are incompatible”.
Pavel Harlanchuk: “The greatest pressure was from the Deputy Minister who said I had caused “creative losses” meaning they had to substitute two performances while I was imprisoned.
They said it was unacceptable for an actor and that it did not correspond to my status... that I should not have done it… But such things happen twice a month in our theatre, for example when someone falls ill”.
When Harlanchuk was ill the art director took him to the theatre in his car and the actor played in performances. He did not leave the stage even when his hand was badly injured during a performance.
He never missed rehearsals and never upset performances. That’s why no one believed the accusations of his lack of responsibility. And it is not necessary to fire a person for two performances he missed; they could have reprimanded him and deprived of bonus payment. A lawyer Pavel Sapelka comments on the situation:
Pavel Sapelka: “Actually it was Harlanchuk’s unexcused absence from work. He could have been subjected to disciplinary liability (and even dismissed) in a month.
But the skipped the term. In September the head of the trade union said: “We cannot legally dismiss you”. So, he was dismissed illegally”.
The lawyer says that the order of Harlanchuk’s dismissal was violated. There were other vacancies that could be proposed to him at the theatre.
The court pronounced a decision against the actor because admitting that a person was dismissed for his political views is the same as admitting that there is political pressure in our country. But Harlanchuk’s lawyer says they will not give up.
Pavel Sapelka: “The protocol of the hearing will be studied. If mistakes are found there we will present a recording of the hearing. Then we will compose a constitutional complaint and send it to the Minsk City Court’s Collegium on civil cases.
If the decision of Minsk City Court does not satisfy us we will appeal it in the Supreme Court”.
Pavel Harlanchuk says that he has not lost optimism. Now you can see him at Modern Art Theatre situated in the building of the concert hall “Minsk”.
Photo by www.rustheatre.nm.ru
