On August 3 of the current year, according to the Tbilisi Court Appeal ruled the decision of the first instance according to which Marina Kharadze, the illegally dismissed teacher in 2011, was resigned and the school was imposed a forced remuneration for a 4-year period.

Marina Kharadze's interests were defended by Grigol Bakuradze, head of the ESFTUG’s Legal Department at the first instance of the Tbilisi City Court, as well as the Tbilisi Appeal Court (second instance).

The first step towards final victory was the success in Tbilisi City Court when on November 30, 2017, judge of Tbilisi City Court Ketevan Kuchava announced the decision that the claim of illegally dismissed teacher Marina Kharadze from N26 public school was satisfied.

The opposing side did not agree with the decision taken by the first instance and appealed to the Tbilisi Appeal Court where there were several meetings. Marina Kharadze's interests were still defended by the head of the ESFTUG’s Legal Department Grigol Bakuradze.

Finally, as noted above, the Court of Appeal left in force decision of the first instance court and the claim of illegally dismissed teacher Marina Kharadze was satisfied.

The case was discussed by the judge of the Chamber of Civil Cases Ekaterine Tsiskaridze, who correctly evaluated the circumstances in the case and made a fair decision in favor of the injured teacher.

Interestingly, the labor agreement with Ms. Marina was discontinued on 10 November 2011 without any grounds and explanations. Consequently, as the legislation envisages, from this moment the calculation of the period of 3 years has begun which should be completed on 10 October 2014. For various objective reasons, Marina Kharadze appealed to the Court after the expiration of the three-year term on March 11, 2015, on which naturally pointed the advocate of opponent and requested not to satisfy the teacher's claim.

Marina Kharadze's attorney, Grigol Bakuradze, the head of the legal department of the ESFTUG, presented the court with convincing arguments and convinced the judge that on one hand Marina Kharadze was groundlessly dismissed, and on the other hand, there was no limitation period when the claim was filed in 2015.

The case is that on November 28, 2012, Marina Kharadze applied to the Ministry of Education and Science of Georgia. The application was submitted to the Special Body of the Ministry - "Commission to study issues of Educational Resource Centers’ and Public Schools’ Staff's dismissal due to political views.”

In her statement, Marina Kharadze pointed out that she had been personally released on political grounds by the personal instruction of the Didube Chughureti Governor and requested to study the issue and to restore her work.

The ESFTUG’s lawyer said that since the moment of appealing to the Commission, the term of limitation has been suspended since the Article 138 of the Civil Code states:

"The duration of the limitation termination shall be terminated if an authorized person will file a claim for the request or to determine it, or try to satisfy the requirement by any other means, such as a request to the state authority or the application on the request of the court..."

According to Article 141:

"If the term of the limitation is terminated, the time left before the termination will not be taken into consideration and the term will start again."

It turns out that on November 28, 2012, the term of 3 years of limitation has been terminated by the applying to the Commission and its calculation started after the official response of the Commission on 27 March 2013, which was lodged on March 27, 2016, but the claim was brought to court on 11 March 2015, 1 year earlier.

According to the decision of the judge, Marina Kharadze was rescued in the service and the school was imposed a compulsory remuneration for 4 years.

ESFTUG continues to care for its members and protects their interests in various instances of courts without any compensation including legal advice, preparation of suit, court representation, etc. Several processes are currently underway and we hope to have their success.