The third claim by the ‘Young Barristers’ against the vocational schools of The Ministry of Education

22 July, 2014

The civil court of Batumi, against the public college ‘New Wave’ of Kobuleti, subject by the Ministry of Education and Science, opens the review of a new case by ‘The Young Barristers’. For the organization, this is the first case, the important part of which, ‘elimination of any kind of discrimination’ was proven by Georgian Law.

The case concerns the exemption of deputy Tamar Kaikatsishvili from the  ministry subjected college ‘New Wave’ by the headmaster David Mchedlishvili on the 19th of June, 2012. The claimant requests remuneration for the forced truancy. The respondent college didn’t recognize the claim, but didn’t rule out the opportunity of bargaining the dispute.

There was a term agreement between the employer and the employee, starting September 1st, 2011, until September 1st 2012. The working agreement was cancelled before term, on June 19th 2012, on the basis of Tamar Kaikatsishvili’s coercion – to leave her position because of personal reasons. The Court of Cassation and also the The Court of Appeal of Kutaisi, based on the decision of The Batumi Public Court, clearly indicated, that the exemption on Tamar Kaikatsishvili was against her will and the cancellation of the working agreement was not unanimous.

The order of The Supreme Court of Georgia: ‘The inability to her duties by Tamar Kaikatsishvili was condition by the plea to leave her postion by the headmaster’. Following the annulment of the dismissal order, in accordance, Tamar Kaikatsishvili demanded compensation for the forced truancy and added, that if not the plea/coercion to leave her position, the working agreement would continue and end September 1st, 2012

The Batumi Court starts reviewing the third claim against the public college ‘New Wave’, by ‘The Young Barristers’:

  1. On March 13, 2013, colleges of Batumi City Court’s administrative board ended the complaint against Qobuleti’s public college “New Wave” with reconciliation, upon which, director of educational center rejected with the letter the spread of personal and professional harmful information towards the deputy on July 11, 2012.
  2. According to decision #2 – 381/2012 of Batumi city court on November 9, 2012, decision #2/B-13-13 of Kutaisi city appealing court and decision #as-45-518-2013 of Georgia high court on February 20, 2014, the orders #34 and #36 about first warning, and then release of Tamar Kaikatsishvili were nulled. Court instance left college’s complaints made on Februar 10, 2014 out of examination. The college held the court constraintly.
  3. On may 27, 2014, Tamar Kaikatsishvili made a new complaint against Qobuleti public college and demanded the compensation of her labor. The college labeled the demand illegal and noted, that it did not acknowledge the verdict from Georgian High Court

Judge Levan Mikaberidze will be reviewing the case against Qobuleti public college “New Wave”. The interests of Tamar Kaikatsishvili wil be defended by “Young Barristers”-s lawyer, Jumber Sirabidze. The meeting will be held on July 28, 2014, 15:00



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