Statements

On April 10, 2023, the Poti City Court issued a decision that invalidated the order of the acting director of NNLE^[1] "Poti Municipality Amelioration" on the dismissal of the head specialist, Khvicha Dolbaia, and ordered his reinstatement. The court also granted the claimant's request for the compensation of the period until the final execution of the court’s decision.

Short-term labor contracts were drawn between Khvicha Dolbaia and "Poti Municipality Amelioration" for the position of the head specialist of the Department of Drainage Channels and Pumping Stations, from March 1, 2020, until his dismissal. Since July 1, 2020, Khvicha Dolbaia has, also, been working on the position of a specialist in the Department of Maintenance and Improvement of Streets at the Service Center of Poti Municipality. No disciplinary action was taken against Mr. Dolbaia during his work on these positions.

On the working day of May 14, 2021, Khvicha Dolbaia, who had no previous warning, was handed an order informing him that he was fired the same day.  The order did not specify the factual and legal grounds for the dismissal. It should be noted that the order was delivered even when the term of the employment contract (June 30, 2021) had not expired.

According to the order of May 19, 2021, Mr. Dolbaia's second employer, NNLE "Poti Municipality Amelioration", terminated the employment contract before the expiration of the contract (July 31, 2021), without any prior warning. In this case, Dolbaia was also not given explanation for the dismissal.

Khvicha Dolbaia believes that the real reason for terminating the contracts is discrimination^[2] and is related to his close relationship with the persons linked with the former Prime Minister, Giorgi Gakharia. It was after these processes that Khvicha Dolbaia was, also, asked to write resignation letters, which he did not do.

It should be noted that in the case there was no such objective circumstance that would justify contracts of less than a year period.

Megi Bakuridze, the lawyer of ISFED, defended the interests of Khvicha Dolbaia in the court. The Poti City Court shared the arguments of the ISFED’s lawyer, considered the established court practice^[3] and concluded the labor relationship between the parties as permanent.  

It is also important that the decision of the Poti City Court of August 13, 2021, satisfied the petition of the representative of Khvicha Dolbaia on securing the claim.  Thus, the wish of the plaintiff to be reinstated in the disputed position was guaranteed.

ISFED, with the support of the USAID Rule of Law Program and the Open Society Foundation, is implementing the strategic litigation project, which provides free legal aid to individuals fired on alleged political grounds.

If you believe that you have been dismissed from your job on political grounds, call or write to us: 0 800 100 143; info@isfed.ge. Call is free.

 

 

[1] Non-entrepreneurial (non-commercial) legal entity

[2] https://www.youtube.com/watch?v=1tRQ5T7DZvc

[3]  სუსგ №ას-118-118-2018, 27 Februart, 2018; ას 1418-2018 . 13 December 2019,  №ას- 33-2020  17 June,  2020.