The Supreme Court of Georgia ruled in favor of claimaint in the case of illegally fired citizen due to different political views. The cassation instance ruled against Kobuleti Public College “Akhali Talgha” under the ministry of Science and Education, the Director of which, Davit Mtchedlishvili dismissed his own deputy director Tamar Kaikatsishvili after a denial of self-statement. The court titled the case as a precedent due to a great importance to development and establishment of judicial practice of the court and left the complaint of the defendant unconsidered.
According to multiple proofs presented, the director of Kobuleti Public College – Davit Mtchedlishvili dismissed Tamar Kaikatsishvili after receiving instructions from the ministry of Science and Education. Tamar Kaikatsishvili had received a disciplinary warning first and dismissed afterwards. However, the court stated with a high burden of proof, that both orders of warning and dismissal were not legitimate. The court did not confirm accusations stated against Tamar Kaikatsishvili on abuses during education process. The Supreme Court of Georgia upheld evaluations of two court instances as well, according to which the Director created false proofs and fictitious legal basis of warning/dismissal orders. Therefore, the court stated, that the college grossly violated labor law, standards of human rights and freedoms, and by the court ruling in favor of Tamar Kaikatsishvili, a result of main legal and moral significance must be created – From now on, non of the employers will treat Tamar Kaikatsishvili’s personal and professional characters with a distrust.
According to the ruling of the Supreme Court of Georgia, the director of Kobuleti Public College Davit Mtchedlishvili has been assigned to abolish orders of warning and dismissal former deputy director - Tamar Kaikatsishvili. Tamar Kaikatsishvili did not request a job recovery, since administration of the college and students along with the Director created a protest rally and publicly burned a photo of former deputy director. According to the court ruling, Tamar Kaikatsishvili will automatically receive compensation.
Kobuleti Public College lost the case against former deputy director at Batumi City Court and Kobuleti City Court as well. 7 meetings were held at the hearing. The “Young Barristers” had a right of audience at the case of illegally dismissed citizen. The organization published a research on transparent governance of Kobuleti College on September 2013 as well, were the Audit Office of Ministry of Science and Education studies the facts of massive nepotism and possible corruption cases. The organization will present a movie to the society on April 2014 as well.
Defenders of Tamar Kaikatsishvili applied with an official letter to the minister of Science and Education of Georgia – Tamar Sanikidze and demanded dismissal of the college director. Criminal prosecution process is not excluded as well, since according to the Court ruling, offences provided by statutes 168 and 169 of Criminal code are presented as well as a gross violation of labor law, which is punishable with imprisonment for up to two years.
