To: Medeuski district court of Almaty
Plaintiff: Michael McHugh, USA
Respondent: 4, Abai avenue, city of Almaty 050100, Republic of Kazakhstan "Kazakhstan Institute of Management, Economics, and Strategic Research" JSC
STATEMENT OF CLAIM
on restoration on work, recovery of salary for the period of forced absence from work and recovery of moral damage
I, Michael McHugh, worked as the Chair of the Political Science Department of the College of Social Sciences in the "Kazakhstan Institute of Management, Economics and Strategic Research" JSC ("KIMEP" JSC) since August 16, 2004 on the basis of the Employment Contract. By the letter, dated May 19, 2006, signed by Mr.Rahman, I was dismissed due to unethical conduct in an educational institution which is incompatible with continuation of employment. This letter is considered by me as abusive towards me and grounded on not real facts and I consider it as illegal under the following reasons:
Firstly, a dismissal was carried out pursuant to the reason that did not take place in reality.
Secondly, within the whole period of work no one disciplinary punishment was applied to me in accordance with art.94 of the Law of the Republic of Kazakhstan No.493 "On Labour" as of December 10, 1999, and no one order was proscribed to me on receipt on applying of disciplinary punishment including termination of the agreement that is an infringment of p.4 of art.95 of the Law of the Republic of Kazakhstan No.493 "On Labour".
In addition, I was not paid for additional work for the period from ___ 2006 up to ____ 2006 when I had two classes running.
Illegal dismissal caused me moral tortures such as humiliation, depression, shame, despair, declining mental condition, discomfort are considered by me as the consequence of immoral and provocative acts of my former colleagues directed to my disparagement and finally to the detriment of my reputation and undeserved deprivation of all my life loved work.
On the basis of the above matter and in accordance with art.29 of the Law of the Republic of Kazakhstan No.493 "On Labour" as of December 10, 1999 and articles 951, 952 of the Civil Code of the Republic of Kazakhstan
1. To restore me on work as the the Chair of the Political Science Department of the College of Social Sciences in the "Kazakhstan Institute of Management, Economics, and Strategic Research" JSC, to cancel the letter as of May 19, 2006 and to present official apologies.
2. To pay for additional work that I carried out having two classes running for the period from ___ 2006 up to ____ 2006 to the amount of ________ Tenge.
3. To pay salary for 3 months of my forced absence from work to the amount of 273231 Tenge.
4. To pay compensation for moral damage to the amount of 1000000 (one million) Tenge.
1. Copy of the letter as of May 19, 2006.
2. Copy of the Employment Contract.
3. Copy of the statement of claim.
4. Copy of the Power of Attorney from the plaintiff as of June 1, 2006.
For and on behalf of the Plaintiff
Representative by proxy
Address: Office 27/28, 157 Abai av.
050009, Almaty, Republic of Kazakhstan
Tel. 504-704, 509-473