By the decision of the Tbilisi Appeal Court appeal of Tbilisi 31st Kindergarten’s teacher Khatuna Machaidze was satisfied. The employer was imposed to restore her on her original work place and reimbursement.

The interests of Khatuna Machaidze, were defended by the head of the ESFTUG’s Legal Department Grigol Bakuradze and the lawyer Megi Sakandelidze.

On 26 October 2018, the Judge of Tbilisi Appeal Court - Vano Tsiklauri announced the decision, by which the complaint of Tbilisi 31st Kindergarten’s teacher Khatuna Machaidze was fully satisfied, the decision of the Court of First Instance was abolished and the employer was imposed to restore employee on her original work place, along with the remuneration.

Mrs. Khatuna's employment contract was terminated in violation of law, on May 19, 2017. She soon applied for ESFTUG. The lawyer of ESFTUG Megi Sakandelidze filed a lawsuit against the employer's decision to restore the violated rights.

The basis for termination of labor relations was a gross violation of the obligation, according to the employer's position the employee avoided working days without taking care.

The case is that Khatuna Machaidze had been hospitalized from May 4 to May 13, 2017, after which she had a desire to take advantage of non-pay leave, about this she informed the kindergarten’s director by the telephone (the employer did not deny this at the process), at which time the parties agreed that she could use a non-pay leave and Ms. Khatuna would present the written statement at the first opportunity. However, on May 19, after the employee presented a written statement (so far, she had twice tried to make a written request, but she did not meet with the employer because she was not in the workplace) within hours, by the telephone communication, the employee was notified that she was dismissed from work due to over three days of negligence.

The ESFTUG’s lawyers, based on the norms of Georgia and international labor legislation, explained to the court, that Khatuna Machaidze did not violated the obligation, because the employer was informed about her absence and it was not irresponsible attitude towards her own obligations. In addition, the employer did not even try to find out why the employee had not been able to present a timely written statement and f she had any reasonable reason.

Although the first instance court has submitted all the necessary evidences, including evidence of the health condition of the employee's child, by which the employee was not able to submit a preliminary written request on non-payed leave, the court bypassing international labor standards and practices of the Supreme Court of Georgia ruled that, the protection of formal circumstances in maintaining labor relations in labor law has a paramount importance.

In contrast, the Court of Appeal has established, that Khatuna Machaidze did not have violated her obligations. In addition, the employer has not given priority to maintaining labor relations and not even tried to find out the real cause of absence of job from the employee, which raises suspicion that the release was deliberate. Consequently, the decision of the employer according to the termination of Labor Relations was contrary to the international labor, Georgian legislation and practice of the Supreme Court.

ESFTUG expresses gratitude to Judge Vano Tsiklauri of the Court of Appeals due to the legitimate and fair decision!

"Silence can not be used when the rights of the employee are violated"