According to ESFTUG, Director of public school in village Arkhiloskalo, Natela Butkhuzi illegally dismissed newly-elected chairperson of Board of Trustees – Liana Butkhuzi on 1 November, 2013.
Lawyer of ESFTUG analysed the case in detail and revealed facts of law infringement. Particularly, according to law, a school director has right to terminate labour agreement with a teacher who is also a member of board of trustees only in case of board’s acceptance, which was not fulfilled in Ms Butkhuzi's case.
Additionally, school director indicated grounds for dismissal was outdated labour agreement. He claims that on 15 September, 2013 (the day when agreement was terminated) he issued an order which prolonged Liana Butkhuzi's labour agreement by a month and a half and on 1 November, the agreement was finally terminated.
Liana Butkhuzi claims that she has never seen the abovementioned order and only learned about them after her dismissal, which represents violation of Labour Code. Moreover, according to new amendments to Labour Code, employer was obliged to sign not less than one year agreement.
ESFTUG representatives doubt that the order about prolonging labour agreement for a month and a half is falsified and it was prepared later to justify illegitimate action of a director.
We know that election of directors is based on the choice of the Board of Trustees. Considering the ongoing selection process of directors, we cannot exclude the chance that Natela Butkhuzi dismissed board chairperson who opposed her candidacy.
Also, on 12 November, ESFTUG lawyer, Grigol Bakurade visited Arkhiloskalo public school and met school director. While negotiating, Mr Bakuradze clearly explained why director’s actions were unlawfull and offered to make a mutually beneficial decision, but Natela Butkhuzi refused.
“It is not for the first time in the country when a member or a chairperson of a Board of Trustees became a victim of illegitimate dismissal. In every case, ESFTUG negotiated successfully but Arkhiloskalo director, while admitting his mistake in private conversations, refused to change decision. Therefore ESFTUG will file an appeal to Court” – said in ESFTUG.