Employee Fired from City Hall Could not Find Justice

Shorena Kakabadze, Kutaisi

Case of Svetlana Zakarashvili, former employee of the financial department of the Kutaisi City Hall, was discussed by almost every instance of court. On May 20, 2008 Supreme Court of Georgia decided to annul the judgment of Kutaisi Appeal Court and case was sent back to the same court for re-discussion.

Although Kutaisi Appeal Court passed judgment in favor of Zakarashvili, on April 6, 2009 Kutaisi City Hall issued final resolution to resign Zakarashvili from her position. Former employee appealed against this decision at Kutaisi municipality board, though her complaint was not satisfied.

“On June 24, 2009 Kutaisi Municipality Board issued resolution, based on which our petition on abolishment the resolution of Kutaisi City Hall dated by April 6, 2009 was not satisfied because it was groundless. It is the occasion when a person realizes that s/he must not give in and fight till the end even against those people who consider this country and their agencies to be their properties (I mean local officials). I should fight in order to prove that there is a big disorder in Kutaisi local authority. There various decisions are made based on personal attitudes,” said Svetlana Zakarashvili.

On July 23, 2009 Zakarashvili brought suit to Kutaisi City Court again and requested to annul the resolution of Kutaisi City Hall of April 6 2009 and resolution of Kutaisi Municipality Board dated by June 24, 2009 and her re-appointment to old position.

 “Law of Georgia on Public Service, during personnel reduction procedures, entitles administrations to impartially evaluate professional skills, qualification, labor discipline, etc of the employees; based on this evaluation, the administration shall pass motivated decision on reduction. In this particular case, disputable protocols are issued without through expertise and evaluation. There is no evidence in the case materials which could prove that administration carried out complete administrative proceeding. Factual circumstances are not estimated whether Zakarashvili implemented her duties properly, with high quality or not and whether the administrative body had made impartial evaluation of her professionalism and competence when she was dismissed,” said attorney of Svetlana Zakarashvili, Giorgi Chikaberidze.

As it was cleared up, in comparison with current employees of the financial department of Kutaisi City Hall, Zakarashvili had the longest working experience. Besides that, in the past she had worked at higher positions. Despite all that, she was fired and a new, completely strange person was employed on her place.

Kutaisi City Court satisfied the suit of the former employee of the City Hall. The court annulled the resolution of Kutaisi Mayor dated by April 6, 2009 and ordered the Mayor to issue administrative-legal protocol on re-appointment of Zakarashvili on her position.

Court decision was appealed at Kutaisi Appeal Court by representatives of Kutaisi City Hall and they won the proceeding. Zakarashvili protested it. “This decision is groundless like the decision which we appealed at the Supreme Court. Then, the Supreme Court decided to annul the judgment of Appeal Court and sent the case to the same court for re-discussion. Apparently, we have to go through the same procedures now. It is fact that I will not give in.”

Former employee of the City Hall is waiting for the grounded decision of the Kutaisi Appeal Court; after that she will appeal to the Supreme Court again.