21:35, Thursday, 25.04.2019
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Groundless decisions affected budget


Lado Bitchashvili, Shida Kartli

On August 27, Gori municipality assembly allocated additional 60 000 GEL to the non-commercial legal entity Gori Municipality Strategic Development Agency; respective amendments into the local budget were introduced based on the decision of the Gori district court in relation with the illegal dismissal of employees for the NCLE of the Gori municipality assembly Tontio. 

The court ruled that in 2015 five employees were groundlessly and illegally dismissed from the Tontio and ordered the Gori municipality city hall to reimburse their missed salaries. 

In 2015, Zurab Jirkvelishvili was the Gori Mayor; Zaza Koshadze was the head of the Tontio.

Zurab Jirkvelishvili then stated that he did not interfere in the ongoing reorganization and personnel changes in the non-commercial legal entities of the City Hall and the director was authorized to make individual decisions. The director of Tontio stated that he fired the employees in full compliance with the law. The former employees did not agree with his position and appealed the court. Georgian Young Lawyers’ Association defended their interests in the court. 

Three years after the dismissal, neither Zurab Jirkvelishvili is the mayor nor Zaza Koshadze is the director of the organization. However, based on the court decision, the local budget will reimburse the missed salaries for the illegally sacked employees. As for the compensation, the chairperson of the assembly Davit Razmadze said they reached agreement with the dismissed employees that in exchange of being restored to the working places they will no longer claim the compensation.

“The court ordered the municipality to pay 120 000 GEL to the former employees of the organization but the mayor reached agreement and now the local government will have to pay only 60 000 GEL. We are legal successors of the entity and we have to pay it,” Davit Razmadze said and imposes the responsibility for the violation over the head of the entity and that time city mayor. 

Lawyer Tamar Tedliashvili said the mistakes of the government officials shall not affect the budget.

“The decision-maker senior official shall be aware of the possible results of his/her illegal decisions, as it was demonstrated in the court judgment and obligation to pay the compensation from the local budget. Consequently, the person, who issues the decision, shall be held responsible for it,” Tedliashvili said.

HRC Shida Kartli office lawyer Aleksi Merebashvili said the responsible body can request this sum in accordance to regress rule from the physical person. “Unfortunately, in accordance to the established practice, compensations for illegal dismissal are paid from the state budget. However, the state does not oblige the author of the illegal order to pay this some. Consequently, senior officials are encouraged to issue groundless and illegal orders, damage the budget and stay without responsibility. Acting law enables the employer organization to demand the author of the illegal order to reimburse the compensation paid from the budget,” Merebashvili said.

As for the Gori municipality city hall, they cannot say clearly whether they will apply to the regress rule. 

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