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University Lecturer Dismissed on Political Grounds Appeals Decision

July 2, 2008

Gela Mtivlishvili, Kakheti

 

 Archil Jorjadze

Archil Jorjadze, former coordinator and lecturer at the Legal Faculty of the Telavi State University, protested the resolution that provided for his dismissal from the university. On Monday, Jorjadze appealed to the Telavi District Court and demanded to annul the resolution of the head of university administration, and to reimburse the salary of the months when he was illegally fired and demanded 10, 000 GEL for moral compensation.

On May 22 2008 Hamlet Razmadze, the head of the Telavi University Administration, fired Archil Jorjadze and Neli Tskitishvili, associated professor and head of the Rector’s Office, based on their own personal letter of resignation.

Archil Jorjadze stated in his application to the university rector before the parliamentary elections on May 21, 2008 that he works at the Telavi Election HQ of the United Opposition simultaneously. Thus, he was oppressed; the leaders of the regional organization of the ruling party were blackmailing and threatening him in order for him to stop activities favoring the opposition political party. They threatened to abolish legal faculty at the university and consequently many lecturers could remain unemployed.

Georgian Public Defender’s office considers that the decisions on firing Jorjadze and Tskitishvili was contradictory to the law and they must be annulled.

“Although Tskitishvili’s application was sent to the rector of the university we can see the resolution of Hamlet Razmadze, dated by May 22 2008 where Razmadze demands to prepare the decree on dismissal. The same resolution is enclosed to Archil Jorjadze’s application.

According to the Article 23 Paragraph I of the Georgian Law on High Education the head of the administration is responsible for the management of human resources at the higher educational institutions. Thus, Razmadze had right to cease labor contract with university personnel.

According to the Article 80 Paragraph I of the General Administrative Code of Georgia: “If the issuance of the administrative decree stipulated in the application falls within the jurisdiction of another administrative agency, an administrative agency shall refer the application and all attached documents to the applicable administrative agency within five days.” Consequently, Giorgi Gotsiridze, the rector of the university, was obliged to send the application to the head of administration,” said Giorgi Gotsoridze, representative of the Public Defender’s Office.

-The applications of Jorjadze and Tskitishvili openly indicate that they were abused and forced to write resignation letters to the rector. Should the university board have investigated the reality of facts mentioned in their letters?
-According to the Article 76, Paragraph I-‘a’ of the General Administrative Code of Georgia both applications were enough ground to commence administrative proceeding that aims to study all circumstances regarding the case. The administrator of the university was to investigate what kind of political oppression was carried out against Jorjadze and Tskitishvili. According to the Article 16-“d” of the Georgian Law on High Education, higher educational institutions promote equal treatment to every employee regardless his/her political orientation. If a person is forced on political grounds to stop his labor contract with employer, the situation shall be assessed as persecution. The crime is envisaged under the Article 156 of the Criminal Code of Georgia. Thus, without corresponding administrative proceeding the head of the university administration was not in power to issue resolutions # 171 and 172.

-Did the head of university administration have to send applications of Jorjadze and Tskitishvili to law enforcement bodies?

-According to the Article 83 of the General Administrative Code they had to demand the applicants to provide additional information about their abusers; the administration should have investigated who forced the lecturers to make decision on ceasing labor contract with the higher educational institution. If additional information was not provided the application should not have been discussed. But if the persecution on political grounds was the cause, the administrator of the university should have sent the materials to the law enforcement bodies according to the Article 263 Paragraph I of the Criminal Procedural Code. The law enforcers had to start preliminary investigation based on the materials.

-In general, did they have right to fire Neli Tskitishvili? Tskitishvili was candidate for the membership of Georgian parliament at that moment.

-There were no legal grounds to fire Tskitishvili. She was MP candidate because she was on the list of election bloc “United Opposition-National Council, the Rights”. Based on the Article 101 of the Election Code, during pre-election campaign a candidate has right to take unpaid holiday. According to the Article 36, Paragraph I of the Labor Code ceasing labor contract is temporarily not to do the work prescribed by a contract, which does not cause the termination of labor relations.  According to Article 36 Part II Subparagraph I of the Georgian Labor Code, unpaid holiday serves as the basis for ceasing the employment terms/relations temporarily. According to Article 36 Part VI of the Georgian Labor Code when labor relations are ceased it is inadmissible to break the labor contact. Consequently, Neli Tskitishvili did not have the right to request terminating of her contract as the contract had been actually ceased temporarily by the time she wrote the application. The head of the University administration did not have the right to satisfy her application as the application was written when termination of the contract would be against the Labor Code of Georgia. An employee has the right to request termination of his/her contract when the period of employment is over. Neli Tskitishvili wrote application on May 8, 2008 when the election campaign was underway and while she was still on vacation.”

Lia Khuroshvili, the Human Rights Center’s lawyer and Archil Jorjadze’s attorney states that Jorjadze worked for a mere 40 GEL salary at the university. “He wanted to create strong legal basis at the University. He was involved in international projects as well. In 2007, he took part in scholarly researches in Budapest Central Europe University. On May 27, 2008 he was invited to participate in an international competition. One of the requirements was that he was a professor of an undergraduate institution. As Jorjadze was dismissed from work on May 22 illegally, he was unable to participate in the competition. Consequently, his plans were ruined,” states Lia Khuroshvili.

Telavi District Court will decide in a few days whether it will adjudicate Archil Jorjadze’s appeal or not.

 

 

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