Kobuleti Public College "New Wave" subordinated to the Ministry of Education and Science due to forced labor reimbursement will pay GEL 1300 to former Deputy Director, Tamar Kaikatsishvili. Kutaisi Court of Appeals headed by the judge Tamar Svanidze, regarding the case adopted the decision on 12 January 2015. Parties refused to appeal the decision in cassation proceedings and dispute the same issue, regarding the continuation of the same grounds.
For legal group of the “Young Barristers” it was the third lawsuit against Kobuleti Public College "New Wave" of the Ministry of Education and Science. It should be noted that a significant part during the dispute - remuneration for compulsory reimbursement by the organization's lawyers was substantiated according to the law, "Elimination of all forms of discrimination".
The case concerns the exemption of Deputy Tamar Kaikatsishvili due to different civil position from the ministry subordinated college “New Wave” by the director David Mchedlishvili on the 19th of June, 2012. There was fixed term labor agreement between the employer and the employee from September 1, 2011 to September 1, 2012. The employment contract terminated before term, on June 19, 2012, based on Tamar Kaikatsishvili compulsion - to leave his position for personal reasons. In the separate dispute with the college, the Court of Cassation, also the Kutaisi Court of Appeals, by decision of the Batumi City Court, clearly and explicitly indicated, that Tamar Kaikatsishvili dismissal was independently of her will, dissolution of the contract before term was not the mutual will.
According to the Supreme Court of Georgia: „the inability of her duties by Tamar Kaikatsishvili was caused by the demand to leave her position by the director.” Accordingly, Tamar Kaikatsishvili, after the annulment of the order of dismissal, requested compulsory compensation from the Public College of Kobuleti and pointed out that if not the demand/coercion to leave her position by the director of the college, employment contract would continue automatically and would finish on 1 September, 2012.
Three different disputes results by lawyers of the “Young Barristers” on case of Tamat Kaikatsishvili against Kobuleti Public College "New Wave" of the Ministry of Education and Science are as follows:
- On March 13, 2013, colleges of Batumi City Court’s administrative board ended the complaint against Kobuleti Public College “New Wave” with reconciliation, upon which, director of educational center, Davit Mtchedlishvili, rejected with the letter the spread of personal and professional harmful information towards Tamar Kaikatsishvili made on July 11, 2012 at the administrative meeting.
- According to decision #2 – 381/2012 of Batumi City Court on November 9, 2012, decision #2/B-13-13 of Kutaisi Court of Appeals and decision #as-45-518-2013 of the Supreme Court of Georgia on February 20, 2014, the orders #34 and #36 about first warning, and then dismiss of Tamar Kaikatsishvili were nulled. Cassation instance left college’s complaints made on February 10, 2014 out of examination. Enforcement of the court’s decision was compulsory for the college. Tamar Kaikatsishvili received 1000 GEL compensation.
- On May 27, 2014, Tamar Kaikatsishvili made a new complaint against Kobuleti Public College and demanded the remuneration. On June 17, 2014, the college responded demands as illegal in their lawsuit and said that neither recognized the Supreme Court decision. Parties appealed the Batumi City Court decision, on 1 December 2014. On January 12, 2015, the dispute completed with agreement at the Kutaisi Court of Appeals.
Tamar Kaikatsishvili interests were presented by lawyers of the “Young Barristers” - Jumber Sirabidze and Archil Kaikatsishvili. College interests were protected by their lawyer: Tchabuki Verulidze.