For a photo in a swimsuit in social networks, he was fired from his job. This high-profile story was first told in 2018. The fact that Vita Chereshnevskaya, a kindergarten teacher at the Divosvit kindergarten in the village of Bugaevka, Radivilovsky district, Rivne region, posted her photos on the beach on Facebook and Instagram, was called by her boss “an immoral act.” It was with this wording that Vita was fired. When the media wrote about this story, Vita was supported by teachers and educators from all over the country, posting their photos in swimsuits with the hashtag #yavchima rest on social networks.
Vita filed a lawsuit. And finally, six years later, the Radivilovskiy District Court recognized her dismissal as illegal and accepted to pay the teacher more than 100,000 hryvnias in compensation for forced absenteeism and 20,000 hryvnias in moral damages.
“Victory is not one day, but in my case, a long 6 years of struggle due to illegal dismissal from the post of educator. I can’t tell in words and describe on paper all those emotions, all that fear, all the excitement that I experienced over the years, all the dirt that poured on me from the outside, but I thank God for the strength and people who were there. Such is the long and difficult path for the sake of truth, for the sake of justice. How many court decisions I experienced, how much I cried, and on this day I waited the most, ” posted on facebook Vita Chereshnevskaya.
“I will file a police report against you. I’ll tell them that you… have bought diplomas”
Telling about what happened, Vita Chereshnevskaya noted that in fact this story did not begin with photographs, but with a conflict. The conflict with the head of the kindergarten was not only with Vita, but also with most of the other employees. These events began in 2013.
- The employees and I then wrote a collective complaint against the head, - Vita Chereshnevskaya told FACTS. - She didn’t consider us human. Could offend, humiliate. She said: “You are black people here and have no right to anything.” Tired of her attitude towards subordinates, rudeness. In the end, we wrote a collective complaint to the local education department. No one fired the manager, but there was a reaction. After that, she apologized: they say, she understood everything, this will not happen again. And then she began to fire everyone who signed that complaint.
Those who did not agree to leave voluntarily were fired under the article. Two employees - allegedly for theft. They sued and won. By a court decision, they were to be reinstated at work, but the employees themselves did not want to return. Then in 2013 the manager told me: “Write a statement. You won’t work here.” I didn’t agree. “Why do you need to work? - said the manager. “You’re married.” Subsequently, she turned to threats. “I’ll file a police report against you,” she threatened. “I’ll tell them that you … have bought diplomas.” proved that all my documents are real and I really studied at the university.In the meantime, I went on maternity leave.The manager had to keep my place of work.
Vita Chereshnevskaya came out of maternity leave on October 10, 2017. But she did not have time to start work - on the same day she was fired.
— I was given papers on the return to work, which I had to sign. And then … an order for my dismissal, Vita recalls. - “You’re fired,” the manager announced. For immoral behavior. I asked what is immorality. The manager didn’t answer.
The fact that “immoral behavior” is, it turns out, photos in a swimsuit in social networks, Vita found out already in court.
- The manager brought these photos with her lawyer (her own brother) to the court, Vita says. - I was not too lazy to print each of my “immoral” pictures in a swimsuit. Speaking in court, she said: “As a teacher, I have no complaints about Chereshnevskaya. She is a competent professional. But look what she posts on social media!
The court decided to immediately reinstate Vita Chereshnevskaya at work. But when she came to the kindergarten with a court decision, the director reinstated her - and immediately fired her for the second time! And again for the same - “an immoral act.” Despite the fact that you can not fire a person twice for the same thing, the manager did it.
“How will we then tell the children that the stork brought them ?!”
The re-dismissal of Vita, which lawyers immediately called a gross violation of the law, was commented by the head of the 1 + 1 TV channel as follows: “She brought me into conflict, you know? She brought the court decision and said: “Will you change my employment record?” “Yes,” I say. “I am a man of action.” And she sits and smiles. And I just sat down and decided: no, this will end. This person cannot and will not work here. I took it and fired her again.
Showing journalists photos of Vita on Instagram, the manager was indignant:
“Agree, at 46 I don’t look pretty bad. And I could show not such photos. But I understand that I am a teacher, a leader, and I cannot allow this. I understand that there is some fun with men, but … Do you often see a woman riding a man on the beach? (We are talking about a photograph where Vita and her husband are hugging in the pool. — Auth.). How will we then tell the children that the stork brought them?! You open the Internet - and it is no longer possible to look at these naked people! Yes, she also shows her husband on the Internet.
Since that time, a six-year lawsuit began. Vita Chereshnevskaya won the Court of Appeal over her first dismissal at the end of 2018. Then there was also the Supreme Court - Vita also won it. At the same time, a lawsuit began on the second dismissal. And now, on March 6, Vita’s second dismissal was also declared illegal.
Telling about the trial, Vita stressed that the representative of the head (her brother) did everything possible to delay the process.
“I think he knew perfectly well that they would lose. And I tried to delay this moment as much as possible, - says Vita Chereshnevskaya. - The superintendent herself never came to court. And her brother behaved as before - he was rude, mocked, said that five years is not the limit, they say, the trial will last even longer. He wanted me to be nervous, worried. Often the meetings were postponed precisely because of him - either he was not present, or he made new petitions. During these five years, three judges were replaced, and each time the case began to be heard from the beginning. The representative of the head was not present at the announcement of the court decision. When the judge went to the deliberation room, he said: “Well, you will figure it out yourself here. I’ll read it on the Internet later.” And left.
- The court found your dismissal illegal. But they cannot reinstate you at work, because you are no longer in kindergarten.
- Yes, during this time the kindergarten was liquidated. Therefore, the City Council now has to pay compensation to me. The representative of the City Council was present in court and, what is very important, supported me. And this despite the fact that now they have to pay me the money. But it is possible that the city council will then file a recourse claim and recover money from the head. It would be fair. I still have not received compensation for my first dismissal, although the court decided to pay me the money. As for the second dismissal, this is still the decision of the court of first instance. I think our opponents will appeal and this is not the end. But I am ready for this and have no doubt that justice will win in any case. As for me, I now work at home, I have my own small business. But I often think about returning to pedagogy. I could also work at school - I have the appropriate education. I really enjoyed working with children, and I do not exclude that I will return to this again.
Recently told another high-profile story: a teacher of an orphanage in the Fastovsky district of the Kiev region, who beat children, was sent into custody without the possibility of bail.
Source: Fakty
I am Joseph Zeman, a journalist who mostly covers world news for the Daily News Hack. I pride myself on being able to find and report stories that others might miss. I have a knack for being able to see both sides of every issue and this allows me to provide readers with well-rounded stories. In addition to my work as a journalist, I am also an author and have written several books on current affairs.
