The organization, "Young Barristers’’ releases a statement about the dispute against the construction company "Mamisoni’’ in the Panel of Tbilisi City Court Civil Cases. The organization highly substantiated notes that the dismissal of the manager of human resource management is based on the discriminatory fact probably because of the age of the current employee.
The statement of the organization "Young Barristers’’ includes that the parties have been in labor law relations since May 2009 according to the case materials. The parties had a perpetual labor law relation. The company received an order on October 22, 2020. The employees of this company were warned about remote working due to the new CoronaVirus. They were warned about the economic situation as a reason for the future optimization of employees. On November 4, 2020, the manager had a meeting with the head of the company administration and the administrative manager. They informed the manager that an agreement on termination of employment should be signed, but the manager refused.
The former manager of human resource management did not get a substantiated argument why she was fired and why other employees in a similar situation still remain their positions in the company. The company informed the manager that in any case, a decision would be made to dismiss her. If the manager would sign the agreements on termination of the labor-legal relationship, would receive the compensation. The agreement was presented at the meeting as a document. On November 7, 2020, the company sent a postal message to the manager where it was mentioned that the dismissal was based on the reorganization. According to the case materials, the reason for the reorganization and the legitimate purpose of the reorganization are not confirmed. The company has not provided so far, any evidence to prove any needs and legitimacy of the reorganization. The structure of the company before and after the reorganization is unknown. The manager did not get the information about the ground of the dismissal, which was caused by the pandemic and economic situation.
"Young Barristers’’ notes by the case materials, that the country and economy have been challenged by the pandemic. The activities of the respondent institution have not been suspended and the implementation of infrastructure projects has not been hampered. The construction company "Mamisoni’’ has won numerous tenders within the country and continues construction activities. The organization "Young Barristers’’ has a reasonable assumption that an employer company did not respect the age of the manager and did not consider her experience as beneficial. The focus of the respondent company was on the young employees. At the current time, the human resource management manager of the company was a 62-year-old woman.
In the present case, the organization considers that the dismissal may be related to age, as there were cumulatively several circumstances: a)The team of the company is fully stuffed with young employees. Only the manager was born in 1959 between them. b)As a result of the reorganization the position structure and the identity of the employed individuals have not been changed. The manager objected to the position of the company with this argument and did not agree to the termination of the employment relationship at the meeting on November 4, 2020. The company had to explain in written form that the employment relationship was terminated not because of any personal mark or any kind of discrimination. There were some economic factors created in the country and a company.
According to the Labor Code of Georgia, discrimination is the intentional or negligent exclusion of a person or his/her preference for race, skin, color, language, ethnic or social background, nationality, origin, property or rank, employment status, place or the residence, age, sexual orientation, disability, health, religious, social, political or other affiliation (including trade union), marital status, political or other beliefs, which aims or cause denial or violation of equal opportunities in the professional activities and employment.
As a result of the decision of the construction company "Mamisoni’’, the fired woman lost her livelihood and her salary was her only source of income. The company did not show up the responsibility and corporate approaches to negotiating with the employee to offer an alternative position or kind of compromise agreement on social security. According to the received information, the woman is not the only person who was fired by the company "Mamisoni’’ in the current period. According to the available official resources, the company is an economically active organization and participates in the state tenders. The director of the company is among the party donors. The construction company "Mamisoni’’ participated in 183 tenders. The company has won 54 state tenders, the total market value of the won contracts is 139.887.383.56 GEL. (https://tendermonitor.ge) According to the register of entrepreneurs or non-entrepreneurial (non-commercial) legal entities, the general director of the company is Irakli Chkadua. The director of the company transferred 10.000 GEL as a donation to "-Georgian Dream-Democratic Georgia’’
According to the official data, the owner of the construction company "Mamisoni’’ is "Award Holding’’ LTD (I/N-404505629), which has been in the Georgian construction market for many years and has implemented large-scale projects, ranging from hydraulic building complexes to civil and industrial buildings. The construction company "Mamisoni’’ became a member of Award Holding in 2017. "Award Holding’’ participates in many infrastructures projects-also in those projects, which are ordered by Tbilisi Municipality City Hall.
The dismissed citizen applied to the court on December 4, 2020. "Young Barristers’’ involved in the case from 2021. The case will be considered by Judge Soso Ghurtskaia. The case will be represented by the head of the organization-Archil Kaikatsishvili and the lawyer Mariam Barsonidze
