The person under the protection of ISFED had his job release order annulled and compensation installed by the Khelvachauri court
On April 7, 2023, the Khelvachauri District Court declared Guram Khozrevanidze's dismissal from non-profit (non-commercial) legal entity Khulo Culture Center and the imposed disciplinary responsibility on him as illegal. The court also awarded Khozrevanidze with compensation in the amount of three months' salary. At the same time, the court did not meet the demands of ISFED regarding the determination of discrimination and compensation, on which the dispute in the higher instance court continues.
Guram Khozrevanidze was appointed to the position of deputy director of the Khulo Culture Center on February 4, 2020. He fulfilled his obligations in good faith and never was a subject to a disciplinary action.
On July 16, 2021, while being on vacation, Guram Khozrevanidze openly announced on the air of Public Broadcaster Adjara Television that he was joining the party of the former Prime Minister of Georgia, Giorgi Gakharia. Soon after this information was made public, on July 16, an order to call Guram Khozrevanidze back to work from his vacation was signed at the Khulo Culture Center and the order was handed over to Khozrevanidze on July 19. Also, on July 21, Khozrevanidze was sent the orders dating July 19, 20 and 21 regarding the imposition of various disciplinary responsibilities, which were handed over to the addressee on July 30, 2021. Upon reviewing the orders, Khozrevanidze found out that he was dismissed from his job before the expiration of his vacation period.
According to the Universal Declaration of Human Rights, everyone has the right to rest and leisure, as well as rights to a fair workday limit and periodic paid leave. The guarantees of protection of labor rights provided by the Constitution of Georgia and international instruments are reflected in the Labor Code of Georgia, which, among other things, establishes the grounds and rules for terminating the labor relationship with the employee and, accordingly, interfering in the sphere protected by the law. According to Article 46 of the Labor Code, paid and/or unpaid leave is only the basis for suspension of the employment relationship, and the suspension of the employment relationship does not lead to a termination of employment relationship.
Therefore, Guram Khozrevanidze was released in violation of the rules of disciplinary proceedings during the period of suspension of the employment relationship - vacation. In addition, issuing illegal orders to create formal grounds contradicts both local state legislation and international legal acts and indicates the employer's attempt to artificially create grounds for the dismissal of Guram Khozrevanidze. From the circumstances described above, it is clear that Khozrevanidze was discriminated on political grounds.
The lawyer of ISFED, Megi Bakuridze defended the interests of Guram Khozrevanidze in the court.
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; firstname.lastname@example.org. Call is free.