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Governor Forced Administration Employees to Resign

February 3, 2009

 Giorgi Gviniashvili,  Governor of Kakheti
Gela Mtivlishvili, Kakheti

The employees of Kakheti Regional Governor’s office were forced to resign on January 23, 2009 by writing resignation letters. However, Giorgi Ghviniashvili, the Kakheti Regional Governor satisfied only 2 applications on resignation from 20. Zita Imanova, the lawyer of Kakheti Regional Governor’s office and Mari Shashviashvili, the press secretary to the same office left their jobs only. Imanova is the member of the Georgian Young Lawyers Association (GYLA), strong and influential Georgian NGO and Mari Shashviashvili is the daughter of Zhana Didebashvili, former head of Kakheti Bureau of  TV and Radio Company Imedi who is now the Kakheti regional correspondent to Radio Palitra and news agency Interpressnews. The Human Rights Centre considers that Imanova and Shashviashvili were dismissed because they were politically unreliable employees.

On January 23 the employees that were not dismissed applied for positions of interim staff members. This was under the instruction of Regional Governor. The regional administration did not allocate one month compensation prescribed by the Labor Code of Georgia to Imanova and Shashviashvili on the grounds that they quit.

On December 20, 2008 Kakheti Regional Administration conducted a test exam to the administration employees. Zita Imanova passed the first tour – test and second tour – interview as well. 11 employees of the regional administration out 15 did not pass the test exam. However, most of them are still on the positions of heads of various departments and some are leading specialists of the administration despite the fact that they failed to answer very simple questions during the test exam, in particular, in what period of time must a civil servant grant public information to an applicant or who appoints a governor and so on.

The Human Rights Centre considers that it was against that Georgian legislation that the employees of Kakheti Regional Governor’s Office were forced to write applications on resignation. HRIDC was informed that Gurjaani District Administration employees were also forces to resign under the instruction of Kakheti Regional Governor’s Office.

“According to the Labor Code of Georgia, labor relations are formed on the basis of equality and agreement. The Labor Code also forbids any kind of discrimination to employees. The Human Rights Centre considers that this rule was violated in this case. Imanova and Shashviashvili were discriminated because they were unreliable politically as Zita Imanova is the member of GYLA and Mari Shashviashvili the daughter Zhana Didebashvili, former head of Kakheti Bureau of  TV and Radio Company Imedi who is now the Kakheti regional correspondent to Radio Palitra and news agency Interpressnews.

Georgian legislation also forbids restriction on freedom of action i.e. to force someone physically or psychologically to do something that he/she does not want to do. We have the information that the employees of Kakheti Regional Governor’s Office were forces to write letters of resignation under the order of Kakheti Regional Governor. This allegation can be proved by the fact that all letters are identical in terms of contents and date. The same situation is in Gurjaani District Governor’s Office. It is impossible that 20 and 40 persons decided to quit all together and apply for resignation at the same time unless there was some enforcement,” says Nestan Londaridze, the lawyer of the Human Rights Centre.
Why does Kakheti Regional Governor violate the law? We contacted the regional governor but he refused to give us interview. Consequently, we applied to Giorgi Sibashvili, the Deputy Kakheti Regional Governor.

“No one had demanded that the staff of Kakheti Regional Administration wrote resignation letters. There was no coercion on them,” said Sibashvili.

- Mr. Giorgi, the staff of regional administration told me that they were demanded to write resignation letters. However, no one told them who would leave the job in the end. They said that you threatened them, those who did not write the resignation letters would be dismissed right ahead.
- I am telling you, they resigned themselves.

- Why did not you ask the reason for their resignation? Because the reason was not indicated in any of letters.
- Mari Shashviashvili had written resignation letter three times. She wanted to start working in another place.

- Why did all employees resign on January 23 and why were their letters all identical? They suddenly decided to resign all together? This looks suspicious.
- Probably the reason for their resignation is the test exam results. Probably they failed in the test and did not want that this was indicated in their employment record book.

- Imanova passed the test exam and the interview. She could not have resigned for the reason you are claiming.
- Maybe Zita Imanova decided to start another job.

- Mr. Giorgi we spoke with Zita. She did not wish to reveal the details. However, she said that she wrote resignation letter under the instruction of regional governor.
- I do not know. Others also wanted to quit but they remained on their positions temporarily in order not keep the office working.

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